CITY OF MONTEBELLO
REGULAR CITY COUNCIL MEETING AGENDA
WEDNES
DAY, APRIL 27 , 2022 AT 5:00 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Kimberly A. Cobos-Cawthorne, Mayor
Angie M. Jimenez, Mayor Pro Tem
Scarlet Peralta, Councilmember
Salvador Melendez, Councilmember
David N. Torres, Councilmember
CITY MANAGER CITY TREASURER CITY ATTORNEY
René Bobadilla, City Manager Rafael Gutierrez Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Paul Espinosa
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Director of Transportation Lupita Ibarra
April 27, 2022: City Council Meeting Page 2 of 9
NOTICES
COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council Meeting will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website at: https://www.cityofmontebello.com/government/live-stre aming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887 -1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室 PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.
Via Email : The public may also submit emailed comments via the City’s email address :
[email protected], up until the day of the meeting, We dnesday, April 27, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues withi n the subject matter jurisdiction of the City Council. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council, with the exception of non- agenda written item comments which will be held over for the next regularly scheduled meeting.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. The agenda co ver sheets may also be emailed upon request.
April 27, 2022: City Council Meeting Page 3 of 9
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
CLOSED SESSION – 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFER
ENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: René Bobadilla, Nicholas Razo
Employee Groups: Various City employee groups including but not limited to MPMA, MFMA, MMMA, MMPA, MSA, MPOA, MCEA, MFA, SMART-TD, and unrepresented employees
2. CONFER
ENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
One matter related to SB 1383 compliance
3. CONFER
ENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 715 W. Whittier Boulevard, Montebello
Agency Negotiator: René Bobadilla, City Manager
Under Negotiation: Price and Terms
4. CONFER
ENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
Initiation of litigation – One matter
REGULAR SESSION – NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
April 27, 2022: City Council Meeting Page 4 of 9
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA – CITY MANAGER
PRESENTATIONS
5. RECO
GNITION OF CITIZEN OF THE MONTH – CINDY FARBER
6. REC
OGNITION OF DONATE LIFE PROCLAMATION
7. RECO
GNITION OF EMPLOYEE SERVICE FOR 64 CITY OF MONTEBELLO EMPLOYEES
8. REC
OGNITION OF NATIONAL CHILD ABUSE PREVENTION
9. REC
OGNITION OF NATIONAL VOLUNTEER MONTH
10. REC
OGNITION OF AUTISM AWARENESS MONTH
11. REC
OGNITION OF ARMENIAN HISTORY MONTH
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council on both non-agenda and agenda items.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
12. CALIFORNIA VOTING RIGHTS ACT (“CVRA”) PUBLIC HEARING NO. 7 RECOMMENDATION: It is recommended that the City Council:
1) Rec
eive input from the public regarding the draft City Council district maps (Attachment A) selected for further discussion and consideration; and 2) Select the final City Council district map; and
3) Once the final City Council district map is selected, assign each City Council seat to a new City Council district; and
4) Take such additional, related, action that may be desirable.
April 27, 2022: City Council Meeting Page 5 of 9
REGULAR BUSINESS
13. ADOPT RESOLUTION NO. 22-03 DECLARING THE SURPLUS LAND FOR SUCCESSOR AGENCY- OWNED PROPERTY LOCAT ED AT 701 W. WHITTIE R BOULEVARD, MONTEBE LLO,
CALIFORNIA
RECOMMENDATION: It is recommended that the Successor Agency to the former Montebello Redevelopment Agency:
1) Adopt Resolution No. 22-03 declaring Successor Agency owned property located at 701 W. Whittier Boulevard, Montebello, California surplus land pursuant to Government Code Section 54221(b)(1).
14. INTRODUCTION AND FIR ST READING OF ORDINA NCE NO. 2449 UPDATING MONTEBELLO MUNICIPAL CODE CHAPT ER 5.08, TITLE 5 DEA LING WITH BUSINESS LICENSES AND REGULATIONS TO UPDATE THE TEMPORARY MORATORIUM ENACTED ON JUNE 24, 2009
RECOMMENDATION: It is recommended that the City Council:
1) Introduce and Conduct First Reading of Ordinance No. 2449 Amending Sections 5.08.010,
5.08.020, 5.08.030, 5.08.050 and 5.08.060 of Chapter 5.08, Title 5 (Business Licenses and Regulations) of the Montebello Municipal Code; and
2) Take such additional, related, action that may be desirable.
15. APPROVAL OF A RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTAND ING
BETWEEN THE CITY AND THE MONTEBELLO FIRE MANAGEMENT ASSOCIATI ON, A
RESOLUTION ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND
THE MONTEBELLO MID -MANAGEMENT ASSOCIATI ON, A RESOLUT ION ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MONTEBE LLO CITY EMPLOYEES’ ASSOCIATION, AND A RESOLUTION ADOPTING A MEMORANDU M OF
UNDERSTANDING BETWEE N THE CITY AND THE M ONTEBELLO MID -MANAGEMENT PROFESSIONALS’ ASSOCIATION, A RESOLUTION TO MEMORIALIZE UNREPRESENTED NON- MANAGEMENT EMPLOYEES TO ALIGN WITH THE MO NTEBELLO CITY EMPLOY EES’
ASSOCIATION
RECOMMENDATION: It is recommended that the City Council:
1) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding (MOU) between the City and the Montebello Fire Management Association (MFMA); and
2) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello Mid- Management Association (MMMA); and
April 27, 2022: City Council Meeting Page 6 of 9
3) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello City Employees’ Association (MCEA); and
4) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello Mid-Management Professionals’ Association (MMPA).
5) Approve a Resolution to memorialize unrepresented non -management employees to align with the Montebello City Employees’ Association (MCEA) 6) Approve amendment of the Table of Organization/Master Position Control updating staffing in the Transit and Human Resources – Information Technology Departments
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. An y items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.
16. APPROVAL OF AMENDMENT NO. 1 TO LICENSE AGREEMENT NO. 3977 WITH ZENCITY FOR
ONGOING SOCIAL MEDIA MONITORING AND ANALYSIS
RECOMMENDATION: It is recommended that the City Council:
1) Approve Amendment No. 1 to License Agreement No. 3977 with Zencity for social media analytics, insights and trend monitoring.
17. ADOPT ORDINANCE NO. 2448 APPROVING DEVELOPMENT AGREEMENT NO. 3973/DA-04- 21 BETWEEN THE CITY OF MONTEBELLO AND MAGNA & MAGNA, INC. FOR PROPERTY AT 116, 128, AND 136 N. POPLAR AVE (PROJECT SITE A) AND 129-133 N. POPLAR AVE (PROJECT SITE B) – SECOND READING
RECOMMENDATION: It is recommended that the City Council:
1) Waive Second Reading and adopt Ordinance No. 2448 approving a Development Agreement No. 3973/DA-04-2 by and between the City of Montebello (“City”) and Magna & Magna, Inc.; and
2) Take such additional or alternative action that may be desirable.
18. ADOPT RESOLUTION NO. 22-22 AUTHORIZING THE C ITY’S SUBMISSION OF TWO (2)
APPLICATIONS TO THE FEDERAL TRANSIT ADMINISTRATION TO RECEIV E FUNDING TO
PURCHASE ZERO-EMISSION BUSES UNDER THE LOW OR NO EMISSI ON GRANT PROGRAM
AND THE GRANTS FOR BUSES AND BUS FACILITIES PROGRAM
RECOMMENDATION: It is recommended that the City Council:
April 27, 2022: City Council Meeting Page 7 of 9
1) Adopt Resolution No. 22 -22 authorizing the City’s submission of an application to the Federal Transit Administration (FTA) to receive funding to purchase zero-emission buses under two (2) grant programs: (i) the Low or No Emission Grant Program (“Low -No Program”), in the amount of $13,526,438, and (ii) the Grants for Buses and Bus Facilities Program (“Bus and Bus Facilities Program”); in the amount of $13,526,438 (collectively, hereinafter the “Grants”); and
2) Take such additional, related, action that may be desirable.
19. APPROVAL OF AMENDMENT NO. 4 T O AGREEMENT NO. 2836 WITH ALLIED UNIVERSA L
SECURITY SERVICES TO PROVIDE SECURITY SERVICES FOR THE MONTE BELLO/COMMERCE
METROLINK STATION AN D THE EMERGENCY NON- CONGREGATE SHELTER P ILOT
PROGRAM (OPERATION STAY SAFE)
RECOMMENDATION: It is recommended that the City Council:
1) Approve Amendment No. 4 to Agreement No. 2836, between the City of Montebello (City) and Allied Universal Security Services (Allied Universal) to exercise a one-year term contract extension to provide security services for the Montebello/Commerce Metrolink Station (Metrolink Station) and the Emergency Non- Congregate Shelter Pilot Program (Operation Stay Safe); and
2) Authorize the City Manager and/or his designee to execute Amendment No. 4 with Allied Universal on behalf of the City; and
3) Take such additional, related, action that may be desirable.
20. TREASURER’S REPORT FOR THE QUARTER ENDING MARCH 31, 2022
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file the Quarterly Treasurer’s Report for the quarter ending March 31, 2022.
21. PAYMENT OF BILLS: RESOLUTION NO. 22-23 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED APRIL 27, 2022
RECOMMENDATION: Adopt Resolution No. 22-23 approving the Warrant Register dated April 27, 2022.
22. APPROVAL OF CITY COUNCIL MINUTES – MARCH 9, 2022 AND MARCH 23, 2022.
RECOMMENDATION: Approve said minutes as written.
23. ADOPT RESOLUTION NO. 22-29 FOR THE FISCAL YE AR 2022- 23 LEVY OF ANNUAL
ASSESSMENTS FOR THE NATASHA LANE SEWER AND STORM DRAIN PUMP STATION
ASSESSMENT DISTRICT
April 27, 2022: City Council Meeting Page 8 of 9
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22 -29 (Attachment A) establishing the City’s intention for the Fiscal Year 2022-23 Levy of Annual Assessments for the Natasha Lane Sewer and Storm Drain Pump Station Assessment District; and,
2) Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and, 3) Take such additional, related actions that may be desirable.
24. ADOPT RESOLUTION NO. 22-30 FOR THE FISCAL YE AR 2022- 23 LEVY OF ANNUAL
ASSESSMENTS FOR THE NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-30 (Attachment A) establishing the City’s intention for the Fiscal Year 2022-23 Levy of Annual Assessments for the Natasha Lane Landscape Assessment; and,
2) Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and, 3) Take such additional, related actions that may be desirable.
25. AUTHORIZE THE NOTICE INVITING BIDS FOR C.P. # 891 – ANNUAL CONCRETE REPA IR PROGRAM FISCAL YEARS 2021-22 AND 2022-23
RECOMMENDATION: It is recommended that the City Council:
1) Approve the Plans, Specifications, and Estimate (PS&E) for the Annual Concrete Repair Program (C.P. #891);
2) Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); 3) Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and 4) Take such additional, related, action that may be desirable.
AB 1234 TRAVEL REPORT
S
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
• Councilmember Peralta
1. Asking for City C ouncil consensus to allow The Department of Mental Health's United Mental Health Promoters Program to use the Senior Center or another City facility and coordinate with Staff to provide free mental health workshops, presentations, and services at no cost to the City or participants.
April 27, 2022: City Council Meeting Page 9 of 9
2. Save the Date: Mother’s Day Celebration Mariachi Serenata on May 7, 2022. Inviting all the beautiful moms in Montebello, more details to come!
3. Appointment of Richard Carlin to the Parks and Recreation Commission
4. Personnel Commission Vacancy: please request and submit an application to [email protected] or in person at City Hall. • Councilmember Melendez
• Councilmember Torres
• Mayor Pro Tem Jimenez
• Mayor Cobos-Cawthorne
1. Parking Issues: due to SB 9 and 10 and street sweeping, etc.
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on May 11, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).
I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, April 24, 2022 5:00 p.m.
_____________________________________________
Alicia Fernandez, Deputy City Clerk
ITEM #____
CITY
OF MONTEBELLO
CITY
COUNCIL AGENDA STAFF REPORT
TO: Honorabl
e Mayor and City Council Members
FROM: Re
né Bobadilla, P.E., City Manager
BY: Arnol
d M. Alvarez-Glasman, City Attorney
SUBJECT
: California Voting Rights Act (“CVRA”) Public Hearing No. 7 DATE: A
pril 27, 2022
RECOMMENDATIONS:
It is
recommended that the City Council:
1) Receiv
e input from the public regarding the draft City Council district maps (Attachment A) selected for further discussion and consideration; and 2) Select
the final City Council district map; and
3) Once the
final City Council district map is selected, assign each City Council seat to a new City Council district; and
4) Take suc
h additional, related, action that may be desirable.
FISCA
L IMPACT
None.
BACKG
ROUND
Montebel
lo City Council members are currently elected in “at -large” elections, in which each Councilmember is elected by the voters of the entire City. The City received a petition on March 15, 2021 alleging the City’s at-large election system violates the CVRA and requesting that the City voluntarily change its at -large system of electing Councilmembers to a district -based election system. In a by -district election system, a candidate for City Council must live in the district where the candidate wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be.
12 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022 California Voting Rights Act (“CVRA”) Public Hearing #7
DISCUSSION
The CVRA was enacted in 2001 to implement the California constitutional guarantees of equal protection and the right to vote. Under the CVRA, a city is required to hold at least two (2) public hearings prior to the drawing of draft City Council district maps, and at least two (2) public hearings after the draft City Council district maps are drawn.
The City Council has held public hearing s on October 13, 2021, November 13, 2021 , February 9, 2022, February 23, 2022, and April 9, 2022. The City Council has also scheduled a sixth public hearing to take place on April 23, 2022. (Note: This report does not include an update or direction from the scheduled April 23, 2022 public hearing. City staff will await any comment or direction from the City Council resulting from the scheduled April 23, 2022 public hearing and update the public accordingly.)
DATE TYPE OF MEETING LOCATION NOTES
Public Hearing #7
April 27, 2022
Regular Meeting Council Chambers • Receive public
input regarding
maps;
• Select final map;
• Assign each City
Council seat to a
new City Council
district.
May 11, 2022 Regular Meeting Council Chambers Adopt final map by resolution
May 12, 2022 Deadline to submit
map to Los Angeles
County Registrar’s
Office
SUMMARY
Staff recommends that the City Council conduct the public hearing and receive further public input regarding the draft City Council district maps selected for further discussion , select a final district map and assign each Council seat to a new district.
ATTACHMENT:
A. Attachment A – Draft City Council District Maps
ARDA REDISTRICTING
DEMOGRAPHER MAP 2
D1
D2
D3
D4
D5
TOTAL Population: 62,879
Mean Target Population: 12,576
Largest Positive Deviation: 450
Largest Negative Deviation: -332
Overall Range in Deviation: 782
Overall Range in Deviation
Percentage:
6.22%
District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,282 12,576 -294 -2.34
2 12,244 12,576 -332 -2.64
3 12,692 12,576 116 0.92
4 12,635 12,576 59 0.47
5 13,026 12,576 450 3.58
Total Population by Race/Ethnicity
District Total
Population
NH White Hispanic NH Black NH Asian NH Other
1 12,282
1,292
10.52%
6,492
52.61%
119
0.97%
4,188
34.10%
191
1.80%
2 12,244
688
5.62%
10,298
84.11%
83 0.68%
977
7.98%
198
1.61%
3 12,692
1,391
10.96%
9,490
74.77%
113
0.89%
1,481
11.67%
217
1.71%
4 12,635
602
4.76%
11,254
89.07%
112
0.89%
526
4.16%
141
1.12%
5 13,026
500
3.84%
11,673
89.61%
97 0.74%
623
4.78%
133
1.03%
Total 62,879 4,473 49,177 524 7,795 910
Citizen Voting Age Population
District Total CVAP NH White
CVAP
Hispanic
CVAP
NH Black
CVAP
NH Asian
CVAP
NH Other
CVAP
1 8,404 1,029
12.24%
4,125
49.08%
64 0.76%
3,146
37.43%
40 0.49%
2 7,688 468
6.09%
6,828
88.81%
10 0.13%
338
4.40%
44 0.57%
3 8,675 1,265
14.58%
5,864
67.60%
199
2.29%
1,121
12.92%
226
2.61%
4 7,169 517
7.21%
6,282
87.63%
70 0.98%
239
3.33%
61 0.85%
5 7,035 340
4.83%
6,130
87.14%
4 0.06%
546
7.76%
15 0.21%
Total 38,971 3,619 29,229 347 5,390 386
ARDA REDISTRICTING
DEMOGRAPHER MAP 3
D1
D2
D3
D4
D5
TOTAL Population: 62,879
Mean Target Population: 12,576
Largest Positive Deviation: 283
Largest Negative Deviation: -457
Overall Range in Deviation: 740
Overall Range in Deviation
Percentage:
5.88%
District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,119 12,576 -457 -3.63
2 12,859 12,576 283 2.25
3 12,379 12,576 -197 -1.57
4 12,834 12,576 258 2.05
5 12,688 12,576 112 0.89
Total Population by Race/Ethnicity
District Total
Population
NH White Hispanic NH Black NH Asian NH Other
1 12,119
1,344
11.09%
6,379
52.64%
92 0.76%
4,090
33.75%
214
1.76%
2 12,859
758
5.89%
10,585
82.32%
103
0.80%
1,183
9.20%
230
1.79%
3 12,379
1,107
8.94%
9,808
79.23%
119
0.96%
1,161
9.38%
184
1.49%
4 12,834
803
6.26%
11,067
86.23%
52 0.41%
778
6.06%
134
1.04%
5 12,688
461
3.63%
11,338
89.36%
158
1.25%
583
4.59%
148
1.17%
Total 62,879 4,473 49,177 524 7,795 910
Citizen Voting Age Population
District Total CVAP NH White
CVAP
Hispanic
CVAP
NH Black
CVAP
NH Asian
CVAP
NH Other
CVAP
1 8,609 1,034
12.01%
4,359
50.63%
73 0.85%
3,113
36.16%
30 0.35%
2 8,003 595
7.43%
6,820
85.21%
12 0.15%
518
6.47%
58 0.74%
3 8,103 1,015
12.53%
5,797
71.54%
180
2.22%
891
11.00%
220
2.71%
4 7,451 660
8.86%
6,358
85.33%
8 0.11%
357
4.79%
68 0.91%
5 6,805 315
4.63%
5,895
86.63%
74 1.09%
511
7.51%
10 0.14%
Total 38,971 3,619 29,229 347 5,390 386
ARDA REDISTRICTING
DEMOGRAPHER MAP 5
D1
D2
D3
D4
D5
D6
TOTAL Population: 62,879
Mean Target Population: 10,480
Largest Positive Deviation: 498
Largest Negative Deviation: -495
Overall Range in Deviation: 993
Overall Range in Deviation
Percentage:
9.48%
District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 10,214 10,480 -266 -2.54
2 10,514 10,480 34 0.32
3 10,659 10,480 179 1.71
4 9,985 10,480 -495 -4.72
5 10,978 10,480 498 4.75
6 10,529 10,480 49 0.47
Total Population by Race/Ethnicity
District Total
Population
NH White Hispanic NH Black NH Asian NH Other
1 10,214
1,038
10.16%
5,116
50.09%
100
0.98%
3,764
36.85%
196
1.92%
2 10,514
547
5.20%
8,794
83.64%
79 0.75%
906
8.62%
188
1.79%
3 10,659
1,218
11.43%
7,780
72.99%
101
0.95%
1,375
12.90%
185
1.73%
4 9,985
923
9.24%
8,165
81.77%
53 0.53%
745
7.46%
99 1.00%
5 10,978
417
3.80%
9,738
88.70%
56 0.51%
660
6.01%
107
0.98%
6 10,529
330
3.13%
9,584
91.02%
135
1.28%
345
3.28%
135
1.29%
Total 62,879 4,473 49,177 524 7,795 910
Citizen Voting Age Population
District Total CVAP NH White
CVAP
Hispanic
CVAP
NH Black
CVAP
NH Asian
CVAP
NH Other
CVAP
1 7,151
875
12.24%
3,304
46.20%
43 0.60%
2,894
40.47%
35 0.49%
2 6,722
346
5.15%
6,000
89.26%
10 0.15%
323
4.81%
43 0.63%
3 7,563
1,229
16.25%
5,015
66.31%
135
1.79%
994
13.14%
190
2.51%
4 6,864
693
10.10%
5,513
80.32%
85 1.24%
480
6.99%
93 1.35%
5 5,431
151
2.78%
4,872
89.71%
4 0.07%
394
7.25%
10 0.19%
6 5,240
325
6.20%
4,525
86.35%
70 1.35%
305
5.82%
15 0.28%
Total 38,971 3,619 29,229 347 5,390 386
ARDA REDISTRICTING
PUBLIC SUBMISSION MAP 5
D1
D2
D3
D4
D5
TOTAL Population: 62,879
Mean Target Population: 12,576
Largest Positive Deviation: 385
Largest Negative Deviation: -457
Overall Range in Deviation: 842
Overall Range in Deviation
Percentage:
6.70%
District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,777 12,576 201 1.60
2 12,720 12,576 144 1.15
3 12,961 12,576 385 3.06
4 12,302 12,576 -274 -2.18
5 12,119 12,576 -457 -3.63
Total Population by Race/Ethnicity
District Total
Population
NH White Hispanic NH Black NH Asian NH Other
1 12,777
439
3.44%
11,460
89.69%
146
1.14%
563
4.41%
169
1.32%
2 12,720
848
6.67%
10,864
85.41%
113
0.89%
774
6.08%
121
0.95%
3 12,961
1,182
9.12%
10,058
77.60%
86 0.66%
1,431
11.04%
204
1.58%
4 12,302
660
5.36%
10,416
84.67%
87 0.71%
937
7.62%
202
1.64%
5 12,119
1,344
11.09%
6,379
52.64%
92 0.76%
4,090
33.75%
214
1.76%
Total 62,879 4,473 49,177 524 7,795 910
Citizen Voting Age Population
District Total CVAP NH White
CVAP
Hispanic
CVAP
NH Black
CVAP
NH Asian
CVAP
NH Other
CVAP
1 6,216 338
5.44%
5,324
85.65%
70 1.13%
475
7.64%
9 0.14%
2 7,780 750
9.64%
6,345
81.56%
184
2.36%
380
4.88%
121
1.56%
3 8,734 1,126
12.89%
6,321
72.37%
10 0.11%
1,099
12.58%
178
2.05%
4 7,632 371
4.86%
6,880
90.15%
10 0.13%
323
4.23%
48 0.63%
5 8,609 1,034
12.01%
4,359
50.63%
73 0.85%
3,113
36.16%
30 0.35%
Total 38,971 3,619 29,229 347 5,390 386
ITEM #____
CITY
OF MONTEBELLO
SUCCESS
OR AGENCY AGENDA STAFF REPORT
TO: Honorabl
e Successor Agency Chair and Members
FROM: Re
né Bobadilla, P.E., Executive Director
BY: Josep
h Palombi, Director of Community Development
Arnold M. Alvarez-Glasman, Successor Agency Counsel
John W. Lam, Deputy Successor Agency Counsel
SUBJECT
: Adopt Resolution No. 22-03 Declaring the Surplus Land for Successor Agency-Owned Property Located at 7 01 W. Whittier Boulevard, Montebello, California
DATE: A
pril 27, 2022
RECOMMENDATION:
It is recommended that the Successor Agency to the former Montebello Redevelopment Agency (“Successor Agency”) adopt attached Resolution No. 22-03 declaring Successor Agency owned property located at 701 W. Whittier Boulevard, Montebello, California surplus land pursuant to Government Code Section 54221(b)(1).
FISCAL IMPACT
There is no fiscal impact to the City or Successor Agency Fund.
BACKGROUND
The subject property is the former J immie’s Restaurant site located at 701 W. Whittier Boulevard, Montebello, California identified as Los Angeles County Assessor Parcel No. 6349-007-917 with a total lot area of approximately 9,750 square feet and is currently zoned C-2 (the “Property”). The Property was acquired by the Successor Agency’s predecessor (the former City of Montebello Redevelopment Agency) in 200 8 for the potential revitalization of the Whittier Boulevard commercial corridor. The Property was most recently occupied by a restaurant that operated under the name Jimmie’s Restaurant and prior to that was the location of a former gas service station. The Property is currently developed with a commercial structure totaling approximately 4,099 square feet. The existing commercial structure is vacant and the underground tanks related to the former gas service station still exist at the Property. Due to challenges related to the 13 SUCCESSOR AGENCY AGENDA REPORT – MEETING OF APRIL 27, 2022 Adopt Resolution No. 22 -03 Declaring the Surplus Land for Successor Agency - Owned Property Located at 710 W. Whittier Boulevard, Montebello, California
COVID-19 pandemic, the City took a pause on exploring options for dispositi on of the Property. Now that the opportunity for new uses has been recently re- energized, the City’s Successor Agency would like to initiate a process to reactivate this portion of downtown Montebello to help strengthen the economic viability of the area.
The Successor Agency now desires to dispose of the Property in accordance with the Surplus Land Act (“SLA”) pursuant to Government Code Section 54220 et seq.
DISCUSSION
In 2011, the California Legislature enacted legislation dissolving California redevelopment agencies and ordered the systematic winding down of all redevelopment agencies (AB1X26, AB1484, et al). As part of the mandated redevelopment wind down process, the Successor Agency prepared a Long Range Property Management Plan (“LRPMP”), which was approved by the Oversight Board and the State Department of Finance (DOF).
This Property is listed in the Agency’s approved LRPMP and calls for the Property to be disposed of to a developer or end- user for development consistent with the Agency planning objectives for a sale price consistent with an estimate of current value.
Due to redevelopment dissolution and the need for significant improvements and potential remediation, which limits the Successor Agency’s potential use of the Property , the Property is no longer necessary for the Agency’s use as defined under the SLA and should be disposed by the Successor Agency.
However, the SLA requires that before a local agency such as the Successor Agency takes any action to dispose of (sell or lease) property, it must declare the property as either “surplus land” or “exempt surplus land.” Unless the surplus land is exempt, the agency must give written notice of its availability to any local public entity, including schools and park districts, within whose jurisdiction the property is located, as well as to affordable housing sponsors that have notified the State Department of Housing and Community Development (HCD) of their interest in surplus property. The SLA’s purpose is to provide greater opportunity for the development of affordable housing on publicly owned lands.
Per the SLA, notice of availability must be given prior to the agency “participating in negotiations to dispose of the property.” An entity receiving notice from the agency has 60 days to notify the agency of its interest in purchasing the property, and the agency is required to negotiate in good faith for not less than 90 days with any entity that has responded. Notwithstanding the obligation to negotiate in good faith, the local agency is not required to sell or lease the property to the agency, or to do so for less than fair market value.
The City is not required to sell the land to an interested party. If terms are not agreed upon between an interested party and the City within the 90- day good faith negotiations SUCCESSOR AGENCY AGENDA REPORT – MEETING OF APRIL 27, 2022 Adopt Resolution No. 22 -03 Declaring the Surplus Land for Successor Agency - Owned Property Located at 710 W. Whittier Boulevard, Montebello, California
period, the City may negotiate with any other developers or interested parties for the disposition of surplus land. Any future disposition of the Property will require Successor Agency, Oversight Board, and DOF approval.
If an agency does not comply with the SLA, the agency may be subject to significant penalties that require a local agency to forfeit 30 percent of the purchase price/lease proceeds for the first violation and 50 percent for any subsequent noncompliance.
ENVIRONMENTAL
Declaring the Property surplus land will not result in a direct or reasonably foreseeable indirect or direct physical change in the environment and in light of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and since it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment, the adoption of the Resolution is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
SUMMARY
The City Council will consider approval and adoption of a resolution declaring the Property surplus land pursuant to the SLA.
ATTACHMENT:
A. Attachment A – Resolution No. 22-03
ATTACHMENT A
SUCCESSOR AGENCY RESOLUTION NO. 22-03
A RESOLUTION OF THE MONTEBELLO SUCCESSOR AGENCY
DECLARING THE PROPERTY LOCATED AT 701 W. WHITTIER
BOULEVARD, CITY OF MONTEBE LLO, TO BE “SURPLUS LAND”
PURSUANT TO THE SURPLUS LAND ACT SUBJECT TO CERTAIN
CONDITIONS AND RESTRICTIONS ON DEVELOPMENT
WHEREAS, the Successor Agency to the former Montebello Redevelopment Agency (“Successor Agency”) is the owner in fee simple of that certain parcel of real property comprised of approximately 9,750 square feet (or 0.22 acres) and located at 701 W. Whittier Blvd. , City of Montebello, California, specifically identified as Los Angeles County Assessor’s Parcel No. 6349-007-917, and listed as Property #2 in the Successor Agency’s Long Range Property Management Plan (the “Property”); and WHEREAS, the Property was acquired by the predecessor to the Successor Agency on December 24, 2008 for $895,000 and was previously occupied by a restaurant that operated under the name of Jimmie’s Restaurant; and WHEREAS, the Property was also the location of a former gas service station with underground storage tanks; and
WHEREAS, given the need for significant improvements and potential remediation which could potentially burden the redevelopment of the Property, as detailed in the staff report, the Property is not necessary or suitable for the “Agency’s use” within the meaning of the Surplus Land Act; and
WHEREAS, California’s Surplus Land Act (as amended by Assembly Bill 1486 and codified in Government Code sections 54220 et seq, the “Act”), and the Guidelines for Implementation of the Act (“Guidelines”) published by the Department of Housing and Community Development (“HCD”) as of April 2021, require that the Successor Agency, before approving the sale or lease of real property owned by the Successor Agency, first take formal action at a public meeting to declare the property to be either “surplus land” or “exempt surplus land,” and thereafter comply with disposition procedures applicable to the property’s characterization as either “surplus land” or “exempt surplus land; WHEREAS, as suggested by the Guidelines, the Successor Agency has concluded that the Property does not qualify as “exempt surplus land” given its history, and the Property would be “surplus land” within the meaning of the Act; WHEREAS, the Act and Guidelines authorize local agencies to impose reasonable development conditions or restrictions on the sale or lease of surplus land, provided any such conditions or restrictions are first reviewed by HCD and included in the Successor Agency’s “notice of availability” (“NOA”) distributed to the governmental entities and affordable housing sponsors identified in the Act, and the Act preserves the Successor SUCCESSOR AGENCY RESOLUTION NO. 22-03
Agency’s local jurisdictional authority and discretion to approve land use, zoning, or entitlement decisions in connection with surplus land;
WHEREAS, the Successor Agency intends to either permanently dispose of or enter into a long-term lease to facilitate a commercial/retail/residential user who would be interested in reactivating the Property without disturbing the soil potentially causing a need for costly remediation efforts, which is consistent with the Successor Agency’s vision for the downtown corridor; and
WHEREAS, the Successor Agency has scheduled and conducted a public meeting at which it has considered staff reports and presentations, public testimony, and other evidence presented in connection with this matter, and all prerequisites to the adoption of this Resolution have been duly performed.
NOW, THEREFORE, THE SUCCESSOR AGENCY FOR THE FORMER CITY OF
MONTEBELLO REDEVELOPMENT AGENCY HEREBY FIND S, DECLARE S AND RESOLVES AS FOLLOWS:
SECTION 1. Bas
ed upon staff reports, presentations, public testimony, and other matters presented to the Successor Agency during the public meeting at which this item was considered, the Successor Agency finds and declares that the foregoing recitals are true and correct and incorporated into this Resolution by this reference as a material part hereof; and based upon such information, makes the additional factual findings and declarations set forth below.
SECTION 2. The S
uccessor Agency hereby declares that the Property is “surplus land” within the meaning of the Act, provided that and conditioned upon the following: (a) the Successor Agency shall comply with all procedural and substantive requirements of the Act associated with the disposition of the Property, including but not limited to issuing the notices of availability for the Property required by the Act prior to commencing negotiations for its disposition.
SECTION 3. The
Successor Agency authorizes and directs the Executive Director to issue a notice of availability of the Property for disposition pursuant to the Act, provided that before circulation of the notice of availability, the Executive Director shall first provide a copy of this Resolution and the proposed notice of availability to HCD for review as directed by the Guidelines. Upon completion of HCD’s review, the Executive Director is authorized and directed to take such further actions as are reasonably necessary to effectuate the purpose of this Resolution and satisfy the pre- disposition requirements of the Act.
SECTION 4. This
Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), and approval of this Resolution is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(32) because declaring the Property surplus land will not result in a direct or reasonably foreseeable indirect or direct physical change in the SUCCESSOR AGENCY RESOLUTION NO. 22-03
environment and in light of the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and since it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment.
SECTION 5. T
he Successor Agency Secretary shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption.
PA
SSED, APPROVED and ADOPTED this 27th day of April, 2022.
________________________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ________________________________ Christopher Jimenez, Arnold Alvarez-Glasman, Agency Secretary Agency Counsel
SUCCESSOR AGENCY RESOLUTION NO. 22-03
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Successor Agency Resolution No. 22-03 was passed and adopted by the Successor Agency of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 27 th day of April 2022 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ITEM #____
CITY OF
MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable
Mayor and Members of the City Council
FROM: René
Bobadilla, City Manager
BY: Michae
l Solorza, Director of Finance
SUBJECT:
Introduction and First Reading of Ordinance No. 2449 Updating Montebello Municipal Code Chapter 5.08, Title 5 Dealing with Business Licenses and Regulations to Update the Temporary Moratorium Enacted on June 24, 2009
DATE: April 27, 2022
RECOMMENDATIONS:
It is
recommended that the City Council:
1) Introduce and Conduct First Reading of Ordinance No. 2449 Amending Sections
5.08.010, 5.08.020, 5.08.030, 5.08.050 and 5.08.060 of Chapter 5.08, Title 5 (Business Licenses and Regulations) of the Montebello Municipal Code; and 2) Take such additional, related, action that may be desirable.
FISCAL IMPACT
The Cit
y requires a business license for all operating businesses within the City, per Chapter 5.08, Title 5 of the City’s municipal code. The license is utilized to ensure all businesses are operating per the City’s municipal code requirements – meeting various Fire, Planning and Building Safety standards.
The Cit
y has utilized HdL and Companies to effectively manage the business license program since October, 2020. The transition to HdL has allowed for improved customer service to the City’s business community, and has resulted in increased adherence to the City’s municipal code, ensuring all business are operating safely and in the best interests of our residents and the community.
14 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022 Introduction and First Reading of Ordinance No. 2449 Updating Montebello Municipal Code Chapter 5.08, Title 5 Dealing with Business Licenses and Regulations to Update the Temporary Moratorium Enacted on June 24, 2009
In addition to improved adherence to the municipal code, revenue from the annual business license fee has increased. The table below shows actual revenue since 2016 through projections for the current fiscal year:
2016 2017 2018 2019 2020 2021 2022*
2,373,374 2,372,212 2,415,933 2,372,820 2,254,827 2,885,152 3,150,000 *Projected as of March, 2022
It should be noted that this revenue was essentially flat from 2013 through 2020, averaging $2.338 million per year. The increase in 2021 and the projected increase for Fiscal Year 2021- 22 indicates the improved management and administration of this important regulatory program.
The improved management has increased equity across the business community, ensuring all operating businesses are in possession of a current and valid business license, per the municipal code. This General Fund revenue helps offset costs for Code Enforcement, Fire Prevention, Building Safety and other functions directly associated with ensuring Montebello businesses are operating per code.
In October 2 020, with the transition to HdL it was discovered that the required annual consumer price index (CPI) adjustment to business license fee amounts was suspended on June 24, 2009, for the period of FY 2009- 10 only (per Ordinance No. 2331) . This temporary suspension of the CPI adjustment was to expire June 30, 2010, with the business license fee amounts to be increased by the change in CPI from June 2009 to June 2010, and annually thereafter. This adjustment never happened, even though it was required by the municipal code and the expiration of Ordinance No. 2331 . Staff discovered the adjustment did not occur for eleven years, and business license fee amounts remained frozen at 2009 levels.
Local business have benefited from the City’s oversight in applying the annual required inflationary increase, benefiting from fees held constant at 2009 levels. Local businesses have saved an estimated, cumulative $3.305 million over the twelve year period by the City holding fees at 2009 levels. That is, the City’s General Fund should have received more than three million dollars in revenue, which would have helped close budget gaps and bolster the City’s reserves over the past dozen years.
BACKGROUND
The City of Montebello’s Municipal Code includes Title 5, Chapter 5.08 which regulates Business License Taxes and establishes regulations to ensure all entities conducting business within the City are doing so lawfully and according to all applicable City, County and State regulations. Chapter 5.08 allows for the levy of a business license tax for CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Introduction and First Reading of Ordinance No. 2449 Updating Montebello Municipal Code Chapter 5.08, Title 5 Dealing with Business Licenses and Regulations to Update the Temporary Moratorium Enacted on June 24, 2009
regulatory and revenue purposes. The Chapter outlines the rates charged to the various types and sizes of businesses in Montebello (Attachment B).
The revenue received from these fees, in excess of $2. 8 million in Fiscal Year 2020- 21, offsets the cost of administering the City’s business license program. Businesses are required to renew annually, and new businesses must register. Depending on the type of business, staff from Fire, Police, Code Enforcement, Planning, Building and Finance perform document review and location inspection duties in order to ensure all businesses are conforming to required regulations. This work is done throughout the year, and involves numerous staff and resources.
The City utilizes HdL’s full-service business license administration program, allowing local businesses the opportunity to submit all required paperwork and payments electronically.
The service also provides dedicated customer support to assist Montebello businesses with keeping their licenses current. This type and level of service was not previously available to the City’s business community. Utilizing HdL Companies has allowed the City to vastly improve the customer service provided to our local businesses.
Chapter 5.08 (Attachment A) also outlines the annual process by which the business license fees are increased, based on the annual change to the Consumer Price Index (CPI, Los Angeles -Riverside-Orange County area). This is an automatic process that allows for the fees charged to keep pace with rising administrative costs while also providing for a reasonable regulatory mechanism.
On June 24, 2009, the City Council adopted Ordinance No. 2331, which was meant to temporarily suspend a portion of certain business license taxes for one year only: July 1, 2009 through June 30. 2010. The operative period of Ordinance No. 2331 expired, and the impacted fees should have been increased by the annual change in CPI as of July 1, 2010, and in each subsequent fiscal year after. However, this did not occur, and as such fees have been erroneously assessed at the 2009 levels for the past twelve (12) years.
The ordinance would implement these years of CPI changes, over a three-year phase in period, which had gone unimplemented and reduced the effectiveness of the City’s existing tax structure.
The estimated loss in General Fund revenue over the twelve year period from not applying the required CPI adjustment is $ 3.305 million. That is, the City’s General Fund should have received more than three million in revenue, which would have helped close budget gaps and bolster the City’s reserves.
The transition of Business License program administration to HdL Companies allowed current Finance management to review Chapter 5.08 and the fees charged. It was then (October, 2020) that it was discovered the annual CPI increases had not been applied for the past twelve years. Adhering to the Municipal Code – the law which governs City CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Introduction and First Reading of Ordinance No. 2449 Updating Montebello Municipal Code Chapter 5.08, Title 5 Dealing with Business Licenses and Regulations to Update the Temporary Moratorium Enacted on June 24, 2009
activities – Staff applied the required CPI increase as required by Chapter 5.08 for all new and renewal license applications beginning October 5, 2020.
Because of the dozen year hiatus of applying the CPI increase, the overall change to business license fees was larger than if the annual increase had been properly applied each year on July 1. In an effort to provide relief to local businesses, especially in light of the pandemic and its impacts to the economy in 2020, the City Council directed staff (at the January 27, 2021 meeting) to investigate a method for temporarily suspending the increase, until the negative impacts to the economy lessened.
At the February 24, 2021 regular City Council meeting, Staff was directed to return all business license fee amounts to their Fiscal Year 2009- 10 levels. In addition, staff was directed to conduct a study of business license fees and applicable municipal code language. The motion to maintain the 2009 temporary moratorium was thereafter memorialized by a resolution approved on March 24, 2021 (Attachment C). Fees have been held at the 2009 levels since then.
Staff then worked with HdL Companies on a Business Tax Analysis and Ordinance Review, as directed by the City Council. This analysis produced four different models by which the City could pursue in an effort to align the municipal code (study presented to staff in May, 2021). The study did find the City’s current tax structure unintentio nally places a heavier burden on small businesses in Montebello. This is primarily due to the fact that Ordinance No. 2331 approved in 2009 placed an arbitrary cap on the amount of gross receipts to which the business license tax is applied. The study found that a neighboring City with 1,000 fewer business – without such a cap – saw greater revenue returns ($500,000) from the more equitable tax structure. Moreover, some of the City’s smaller businesses have the same tax burden as larger businesses with t ens of millions in annual gross tax receipts. This inequity must be resolved, and the ordinance update accomplishes that.
Of the four options presented in the May, 2021 HdL study, the one being proposed today is the simplest to enact and administer, and restores equity to the City’s business license tax structure (as described above). The proposed ordinance amendment (Attachment A) to Chapter 5.08 (Sections 5.08.010, 5.08.020, 5.08.030, .050 and .060) would gradually, over three years, increase business license fees to the levels they should be at, had the required CPI adjustments been made annually since July 1, 2010. The first increases would occur on July 1, 202 2 (Attachment B), and for the next two years hence: July 1, 2023 and July 1, 2024. Once fees are returned to their proper levels, annual increases would occur, as required by Chapter 5.08 of the Municipal Code. Attachment B shows what the fees would be as of July 1, 2022, instituting the first 1/3 increase.
In addition, fees for rental properties would remain at the levels set in 2009 (i.e., $150 per unit for the first three units and $50 per unit for reach additional unit), with the CPI CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Introduction and First Reading of Ordinance No. 2449 Updating Montebello Municipal Code Chapter 5.08, Title 5 Dealing with Business Licenses and Regulations to Update the Temporary Moratorium Enacted on June 24, 2009
adjustment made against these lower rates established in 2009. The HdL study found these fees to be in line with neighboring cities. In addition, Staff received feedback from the rental property ownership community in 2020 and 2021 that indicates the 2009 base rate fees of $150 and $50 are more reasonable and provide greater stability for these important members of the community.
HdL Companies, Finance Department and Public Affairs staff will work together to notify businesses of the three-year phase in plan of the increased fees. Staff will work with the City’s Public Affairs office to ensure proper notification of this ordinance change is made on the City’s social media and related outlets. With the increased rates beginning in July, 2022, sufficient time exists for Staff to publicize these changes and work with the business community. In ad dition, since the business license renewal is on an anniversary date, only a portion of all businesses in Montebello will be impacted in July, with additional businesses seeing the change through the following eleven months as renewal dates arrive.
DISCUSSION
As previously discussed, the ordinance update (Attachment A) would gradually restore business license fee levels to their proper 2022 levels. The restoration would be done over a period of three years, in order to minimize the impact of twelve years of inflation adjustments on the City’s businesses. Furthermore, and of special importance, owners of rental properties would have their fees held at 2009 rates, with inflation adjustments placed against those lower amounts. This special carve out is being done to address feedback received from this important business group during the transition to HdL in 2020 and 2021.
Therefore, the ordinance update would accomplish four goals: 1) provide a phased in approach to the fee increases; 2) provide continued relief to rental property owners by holding base fee amounts at 2009 levels, 3) allow the City to begin adjusting fees, in a measured way, to the level they are required to be per the Municipal Code, which will provide additional revenue to the General Fund that offsets costs of administering the business license program (i.e., Police, Fire, Code Enforcement, etc.); and, 4) create a more equitable tax structure by eliminating a cap on gross receipts put in place in 2009 that unfairly benefits large business operations over smaller retail businesses.
SUMMARY
It is recommended that the City Council adopt an ordinance amending Title 5, Chapter
5.08 of the City’s municipal code (Attachment A) to provide for business license fee increases and establish a period of three years over which fees will be gradually increased to their required levels, holding “rental of real property” fee rates at 2009 level (i.e, $150 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Introduction and First Reading of Ordinance No. 2449 Updating Montebello Municipal Code Chapter 5.08, Title 5 Dealing with Business Licenses and Regulations to Update the Temporary Moratorium Enacted on June 24, 2009
per unit for the first three units and $50 per unit for each unit thereafter), and restoring the annual CPI increase per the municipal code.
ATTACHMENTS:
A. Attachment A – Ordinance Amending Title 5, Chapter 5.08, Sections 5.08.030,
5.08.050 and 5.08.060 of the Montebello Municipal Code
B. Attachment B – Business License Fee Amounts
C. Attachment C – March 24, 2021 City Council action
ATTACHMENT A
ORDINANCE NO. 2449
AN ORDINANCE OF THE CITY OF MONTEBELLO, CALIFORNIA
AMENDING SECTIONS 5.08.010, 5.08.020, 5.08.030, 5.08.050, AND
5.08.060 OF CHAPTER 5.08 (BUSINESS LICENSE TAXES), TITLE 5 (BUSINESS LICENSES AND REGULATIONS ) OF THE MONTEBELLO
MUNICIPAL CODE
WHEREAS, pursuant to California Government Code Section 37101 and California Business and Professions Code Section 16000, et seq., a general law city may levy business license taxes for revenue purposes and business license fees for regulatory purposes; and
WHEREAS, designated businesses, occupations and professions operated within the City of Montebello (“City”) are required to pay a business license tax which is subject to an increase and decrease annually as of July 1st of each calendar year to an amount equal to the increase or decrease from the base index in the then- latest available consumer price index, as prepared by the U.S. Department of Labor, Bureau of Statistics, for the Los Angeles-Riverside-Orange County area; and
WHEREAS, on June 24, 2009, the City adopted Ordinance No. 2331 temporarily reducing and suspending a portion of certain business license taxes during the period of July 1, 2009 through June 30, 2010; and
WHEREAS, since that temporary suspension in 2010, the City has not restored nor increased the business license tax by the consumer price index for the designated businesses, occupations and professions operated within the City and subject to the business license tax as required under Chapter 5.08 (Business License Taxes), Title 5 (Business Licenses and Regulations) of the Montebello Municipal Code (“MMC”); and
WHEREAS, on October 5, 2020, as authorized by the MMC, a business license tax increase was implemented for the period of October 5, 2020 through and including June 30, 2021, restoring the tax to pre-Ordinance No. 2331 levels, plus CPI increases, to bring the tax to a level which is in line with the latest available consumer price index and abides by those specific sections of Chapter 5.08 of the Montebello Municipal Code (“MMC”); and
WHEREAS, on February 24, 2021, the City Council (“City Council”) of the City of Montebello conducted a regularly scheduled meeting to consider a proposed ordinance establishing a temporary moratorium on increases to the City’s business license fees and ORDINANCE NO. 2449
incrementing applicable sections of the MMC due to the negative economic effect on businesses brought on by the mandates imposed by the state and local orders to counteract the threat to public health by the novel Coronavirus ("COVID-19"); and
WHEREAS, February 24, 2021 on a 5- 0 vote, the City Council passed an alternative motion to return all business license fee amounts to their Fiscal Year 2009-10 levels until a study of the City’s business license fees was conducted and analyzed (the motion was thereafter memorialized by a resolution on March 24, 2021); and
WHEREAS, now that the City has conducted a fee study in accordance with City Council’s direction, and the effects of COVID-10 mandates on local businesses have lessened, it is the City’s intent to restore certain business license fees to pre- Ordinance No. 2331 levels , plus gradually increase the CPI to bring the tax to a level that is compatible with the results of the latest fee study conducted by the City (see Attachment “A”).
NOW, THEREFORE, the City Council of the City of Montebello does ordain as follows:
SECTION 1.
RECITALS. The above recitals are true and correct and made a part of this Ordinance.
SECTION 2 .
AMENDMENTS; RESERVATION. Sections 5.08.10, 5.08.020,
5.08.030, 5.08.050, and 5.08.060 are amended to read as follows (deletions in Strikethrough and additions in Underline):
5.08.010 Designated.
A. The following businesses, occupations and professions shall be required to pay, as and for business license taxes, the amounts hereinafter set forth in this section, pertaining thereto:
1. Advertising vehicle: Fifty-one dollars and thirty-three cents per vehicle, per day;
2. Rental of real property: Residential property, excluding condominiums, having an
apartment house (as defined in Chapter 17.08 of this code) located thereon, with three or more dwelling units therein: five hundred fifteen dollars and twenty- two cents one hundred fifty dollars per year and one hundred seventy -one dollars and seventy-four cents fifty dollars per year for each additional unit;
3. Auctions: One hundred fifty-two dollars per day unless conducted as an integral part of a business otherwise licensed hereunder;
ORDINANCE NO. 2449
4. Business by vehicle:
a. Refuse trucks: Six hundred seventy -six dollars and ten cents per year for each vehicle;
b. All others: One hundred forty -seven dollars and seven cents per year per vehicle;
5. Contractors: Seventy -three dollars and four cents per quarter, two hundred ninety-two dollars and sixteen cents per year;
6. Junk dealer, automobile or truck dismantler: Five hundred sixty-eight dollars and fifty-two cents per year;
7. Outdoor advertising signs:
a. Outdoor advertising on signs: Two hundred eighty -four dollars and twenty- six cents per year (plus twenty-two dollars and seventy-one cents per year for each sign in excess of ten);
b. Advertising on benches: Two hundred eighty -four dollars and twenty -six cents per year (plus twenty-two dollars and seventy-one cents per year for each sign in excess of ten) (excluding benches which contain no advertising);
8. Peddler, solicitor, or itinerant vendor: Two hundred eighty -four dollars and twenty-six cents per year;
9. Public dump: One thousand three hundred thirty -eight dollars and thirty -eight cents per month or two percent of the gross receipts derived therefrom , whichever is greater;
10. The activities for which a temporary use permit is required hereunder pursuant to Chapter 12.16 of this code, shall pay the following taxes:
a. Circuses, per day
Per mechanical ride
$165.82
50.34 b. Parades per day 130.29
c. Carnivals per day
Per mechanical ride
165.82
50.34 d. Fairs, per event 130.29
e. Temporary outdoor exhibits per
day
Montebello businesses exempt
130.29
f. Tents, per event (if over 20 ×
20)
Montebello businesses, per event
130.29
70.08 g. Aircraft and helicopter landings
and demonstrations per day
130.29
ORDINANCE NO. 2449
h. Public demonstration of
gatherings of more than 25
people, per day
165.82
i. Christmas trees/pumpkin patch
sales, per year
130.29
j. Moving and/or estate sales, per
day
30.60 k. Filming, per day 165.82
11. Dance permit: Every person who is required to obtain a dance permit for a public dance or cabaret dance pursuant to Chapter 5.32 of this code, shall pay a business license tax as follows:
a. Public dance: One hundred thirty-six dollars and twenty-one cents per day for each day and for each location at which such dance is conducted, b. Cabaret, per year: Two thousand three hundred forty -four dollars and thirteen cents per year for each location at which such dance is conducted;
12. Pool or billiard rooms or halls: The rate of license fees for billiard rooms or halls and pool rooms shall be forty-three dollars and forty-three cents for each billiard, pool or snooker table per year;
13. Oil well operator: A tax equal to $.3329 per barrel of oil produced from wells owned or operated by such person located within the city;
14. Shoe shine stands: Fifty-one dollars and thirty-three cents per year;
15. Vending machines: Every individual or firm whose business is limited exclusively to renting, leasing or operating coin- operated vending machines dispensing tangible personal property, shall pay a tax based on the entire gross receipts which are directly attributable to the business activities conducted within the city, and no minimum license tax shall be imposed upon any business location, nor shall such license tax be measured by the number of business locations or machines of the taxpayer within the city. The city may demand an audit of any such licensee and require him or her to submit a copy of the state sales and use tax return filed relative to such machines;
16. Child care center (as defined in Chapter 17.08 of this code) nine children and more: Fifty-one dollars and thirty-three cents per year Reserved;
17. Mechanical amusement device or amusement game machine: One hundred seventy-two dollars and seventy-three cents per device or machine per year;
18. Fortune telling, as regulated and defined in Chapter 5.44 of this code: Seven hundred eighty-eight dollars and sixty-two cents.
B. Except where otherwise stated, the tax imposed by this section shall be increased or dec
reased annually as of July 1st of each calendar year, commencing on July 1, 1979, in an amount equal to the increase or decrease from the base index in the then ORDINANCE NO. 2449
latest available consumer price index (CPI), as prepared and released by the U.S.
Department of Labor, Bureau of Statistics, for the Los Angeles -Riverside-Orange County area. The last index published for the month of June 1978 shall be deemed to be the base index for the purpose of this section.
5.08.020 Additional tax based on gross receipts.
A. Each person engaged in a business, occupation or profession, in addition to the business license taxes imposed by Section 5.08.010, shall pay a business license tax based upon the annual gross receipts of such business, occupation or profession for the preceding calendar year, in accordance with the following schedule, plus eighty cents per one thousand dollars or fractional part thereof over one million dollars of all gross receipts:
Over To and Including Fee
$ 0 $ 25,000 $ 133.25
25,001 50,000 154.96
50,001 100,000 210.24
100,001 150,000 260.57
150,001 200,000 311.90
200,001 300,000 362.23
300,001 400,000 414.54
400,001 600,000 520.15
600,001 800,000 691.89
800,001 1,000,000 1,038.33
1,000,001 Over 1,380.82
B. The taxes imposed by this section shall be increased or decreased annually as of J
uly 1st of each calendar year, commencing on July 1, 1979, in an amount equal to the increase or decrease from the base index in the then latest available consumer price index (CPI), as prepared and released by the U.S. Department of Labor, Bureau of Statistics, for the Los Angeles -Riverside-Orange County area. The last index published for the month of June 1978 shall be deemed to be the base index for the purpose of this section.
5.08.030 –
Suspension of a portion of certain business license
RESERVED
ORDINANCE NO. 2449
A. Notwithstanding the provisions of Section 5.08.010(A)(2) of this code, during the period July 1, 2009 through and including June 30, 2010, the business license tax to be collected pursuant to that subsection, shall not exceed the following:
Residential pr operty, excluding condominiums having an apartment house (as defined in Chapter 17.08 here) located thereon, with three or more dwellings therein, $150 per year, plus $50 for each additional unit over three
B. That during such time as this section of the Montebello Municipal Code is in effect, the amount of the business license tax imposed by said Section 5.08.010(A)(2) contrary to the amount above set forth, shall be suspended, and shall not be collected.
5.08.050 – S uspension of a portion of certa in business license Annual increases
A. Notwithstanding the provisions of Section 5.08.010 ( A)(17) of this code, during the period July 1, 2009, through and including June 30, 2010, the business license tax to be collected pursuant to that said subdivision, from persons engaged in the business of mechanical amusement devices or amusement game machines, shall not exceed the following:
Mechanical amusement device or amusement game machine: fifty -four dollars per device or machine per year.
A. T axes imposed by this chapter shall be increased or decreased annually as of the July 1st of each calendar year, in an amount equal to the increase or decrease from the base index in the then- latest available consumer price index (CPI), as prepared and released by the U.S. Department of Labor, Bureau of Statistics, for the Los Angeles-Riverside-Orange County area.
B. That during such time as this section of the Montebello Municipal Code is in effect, the amount of the business license tax imposed by said Section
5.08.010(A)(17) contrary to the amount above set forth, shall be suspended, and shall not be collected.
B. For a period of three years commencing on July 1, 2022 through June 30, 2025, the annual tax rate shall be increased gradually, on July 1st of each year, by one- third (1/3) of the cumulative increase amount which should have become effective beginning July 1, 2010 through June 30, 2021, until the business license tax rate ORDINANCE NO. 2449
imposed under this chapter is at the required level intended had the increase been applied correctly since July 1, 2010 . This will allow the business license rate to catch up to the level not previously collected since 2010. Thereafter, the annual rate increase described in Section 5.08.050(A) shall apply, effective every July 1st.
5.08.060 S uspension of a portion of certain business license taxes.
RESERVED
A. Notwithstanding the provisions of Section 5.08.020 of this code during the period of July 1, 2009, through and including June 30, 2010, the business license tax to be collected pursuant to that said section shall not exceed the following:
Each person engaged in a business, occupation or profession, in addition to the business license taxes imposed by Section 5.08.010 hereof, shall pay a business license tax based upon the annual gross receipts of such business, occupation or profession for the following schedule, plus forty-six cents per one thousand dollars or fractional part thereof over one million dollars of all annual gross receipts to five million dollars, and thirty -five cents per one thousand dollars or fractional part thereof over five million dollars, with the maximum not to exceed nine thousand three hundred seventy-six dollars.
Over To and Including Fee
$ 0 $ 25,000 $ 124.00
25,001 50,000 142.00
50,001 100,000 192.00
100,001 150,000 240.00
150,001 200,000 289.00
200,001 300,000 336.00
300,001 400,000 384.00
400,001 600,000 480.00
600,001 800,000 640.00
800,001 1,000,000 961.00
1,000,001 Over 1,324.00
B. That during such time as this section of the Montebello Municipal Code is in effect, the amount of the business license tax based on gross receipts imposed by said Section 5.08.020, contrary to the amount above set forth, shall be suspended, and shall not be collected.
ORDINANCE NO. 2449
SECTION 3. CEQA.
The adoption of this Ordinance is not subject to California Environmental Quality Act (CEQA) because CEQA Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment and is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change to the environment and there is no possibility that the approval of this Ordinance will have a significant effect on the environment.
SECTION 4.
CONSTRUCTION.
This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 6.
EFFECT.
This Ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.
SECTION 7.
FILLING.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of ORDINANCE NO. 2449
the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of the fifteenth (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three (3) public places within the City of Montebello in a manner required by law.
PASSED, APPROVED AND ADOPTED this ___ day of ________ 2022.
_______________________________
Kimberly Cobos-Cawthorne, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 27
th day of April, 2022, and was adopted by the City Council of the City of Montebello at its meeting held on the __ th day of _________, 202 2 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk
Business License Tax/Permit Amounts ATTACHMENT B
Current vs. CPI Adjusted
*Column C is what will be assessed beginning July 1, 2022 AB C
BASE FEES
(from 2009)
1/3 of Total
Increase
RATE TO BE
CHARGED
07/01/2022
Chapter 5.08.010 Designated
ADVERTISING VEHICLE 51.33 4.80 56.00 RENTAL OF REAL PROPERTY (/YEAR) - 3+ Units 150.00 14.02 164.00 RENTAL OF REAL PROPERTY (/YEAR EA ADDT'L UNIT) 50.00 4.67 55.00 AUCTIONS (/DAY) 152.00 14.21 166.00
BUSINESS BY VEHICLE (REFUSE) 676.10 63.19 739.00 BUSINESS BY VEHICLE (ALL OTHERS) 147.07 13.75 161.00 CONTRACTORS (/QTR) 73.04 6.83 80.00
CONTRACTORS (/YEAR) 292.16 27.31 319.00
JUNK DEALER, ETC. 568.52 53.14 622.00
OUTDOOR ADVERTISING SIGNS (/YEAR) 284.26 26.57 311.00 OUTDOOR ADVERTISING SIGNS (/YEAR 10+) 22.71 2.12 25.00 PEDDLER, ETC. 284.26 26.57 311.00
PUBLIC DUMP 1,338.38 125.09 1,463.00
CIRCUSES (/DAY) 165.82 15.50 181.00
CIRCUSES (/MECHANICAL RIDE) 50.34 4.71 55.00 PARADES (/DAY) 130.29 12.18 142.00
CARNIVALS (/DAY) 165.82 15.50 181.00
CARNIVALS (/MECHANICAL RIDE) 50.34 4.71 55.00 FAIRS 130.29 12.18 142.00
TEMP OUTDOOR EXHIBITS 130.29 12.18 142.00 TENTS (/PER EVENT, OVER 20X20) 130.29 12.18 142.00 TENTS (MONTEBELLO BUSINESSES/PER EVENT) 70.08 6.55 77.00 AIRCRAFT/HELICOPTER LANDINGS 130.29 12.18 142.00 PUBLIC DEMONSTRATION 165.82 15.50 181.00 CHRISTMAS TREE/PUMPKIN PATCHES 130.29 12.18 142.00 MOVING/ESTATE SALES 30.60 2.86 33.00 FILMING (/DAY) 165.82 15.50 181.00
DANCE PERMIT, PUBLIC (/DAY) 136.21 12.73 149.00 DANCE PERMIT, CABARET (/YEAR) 2,344.13 219.10 2,563.00 POOL ROOMS (/TABLE / YEAR) 43.43 4.06 47.00 OIL WELL OPERATOR (/BARRELL OF OIL) 0.33290 0.03 0.36 SHOE SHINE STANDS (/YEAR) 51.33 4.80 56.00 CHILD CARE CENTER (9+ CHILDREN) 51.33 4.80 56.00 MECHANIC AMUSEMENT DEVICE (/DEVICE /YEAR) 172.73 16.14 189.00 FORTUNE TELLING 788.62 73.71 862.00
AB C
BASE FEES
(from 2009)
1/3 of Total
Increase
RATE TO BE
CHARGED
07/01/2022
Chapter 5.08.020 / 060 Additional Tax Based on Gross Receipts $0 - $25,000 133.25 12.45 146.00
25,001 - 50,000 154.96 14.48 169.00
50,001 - 100,000 210.24 19.65 230.00
100,001 - 150,000 260.57 24.35 285.00
150,001 - 200,000 311.90 29.15 341.00
200,001 - 300,000 362.23 33.86 396.00
300,001 - 400,000 414.54 38.75 453.00
400,001 - 600,000 520.15 48.62 569.00
600,001 - 800,000 691.89 64.67 757.00
800,001 - 1,000,000 1,038.33 97.05 1,135.00 1,000,001 and over* 1,380.82 129.06 1,510.00
*Plus $.80 per $1,000 or fractional part over $1,000,000 ITEM #____
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: René Bobadilla, P.E., City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: Approve Resolution Memorializi ng City Council Motion to Set Business License Fees to Fiscal Year 2009-10 Levels
DATE: March 24, 2021
RECOMMENDATION
It is recommended that the City Council approve a Resolution memorializ ing a motion to
set business license fees to Fiscal Year 2009 -10 levels until the City finalizes a study of business license fees.
BACKGROUND
On February 24, 2021, the City Council conducted a regularly scheduled meeting to
consider a proposed ordinance amendment es tablishing a temporary moratorium on increases to the City’s business license ta x and amending applicable sections of the Montebello Municipal Code (“C ode”). Staff had present ed the ordinance amendment and recommended action to gradually increase bus iness license fees to the proper levels over a three year period, beginning July 1, 2021.
An alternative motion was offered, whic h the City Council passed unanimously. The alternative motion was to immediately return all business license fee amounts to their Fiscal Year 2009-10 levels until a study of the City’s busine ss license fees is conducted and analyzed. Only after the business licens e fee study was cond ucted and presented to City Council would there be a considerat ion of updating fees from their FY 2009-10 levels.
The City Attorney’s office has recommended adoption of a Resolution that memorializes this alternative motion. The attached Resolution memorializes the City Council’s alternative motion and provides the necessary direction and authority required by City staff to carry out the business license fee study.
21 ATTACHMENT C
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 24, 2021
Approve Resolution Memorializing City Council Motion to set Business License Fees to Fiscal Year 2009-10 Levels
FISCAL IMPACT
The updating of business license fees was anticipated to bring in an additional $489,000 in FY 2020-21. The suspens ion of the fee increases would negate this additional revenue in the current fiscal year, and in subsequent fiscal years.
Local business have benefited from the City’s oversight in appl ying the annual required inflationary increase, benefiting from fees held constant at 2010 levels. Local businesses have saved an estimated, cumula tive $2.564 million over the ten year period by the City holding fees at 2010 levels.
After conducting and presenting a business license fee study, Staff will have a more accurate projection of revenue based on the recommended fees fr om the study. Staff will return to the City Council once the study is completed.
SUMMARY
It is recommended that the City Council approve a Resolution memorializing a motion to set business license fees to Fiscal Year 2009 -10 levels until the City finalizes a study of business license fees.
ATTACHMENT
A. Attachment A – Resolution
ATTACHMENT A
RESOLUTION NO. 21-____
A RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA
MEMORIALIZING A MOTION TO SET BUSINESS LICENSE FEES TO
FISCAL YEAR 2009-10 LEVELS UNTIL THE CITY FINALIZES A STUDY
OF BUSINESS LICENSE FEES
WHEREAS, pursuant to California Government Code Section 37101 and California Business and Professions Code Section 16000, et seq ., a general law city may levy business license taxes for revenue purposes and business license fees for regulatory purposes; and
WHEREAS, on February 24, 2021, the City Council (“City Council”) of the City of Montebello (“City”) conducted a regularly scheduled meeting to consider a proposed ordinance establishing a temporary moratorium on increases to the City’s business license tax and amending applicable sections of the Montebello Municipal Code (“Code”); and
WHEREAS, on a 5- 0 vote, the City Council passed an alternative motion to return all business license fee amounts to their Fiscal Year 2009-10 levels until a study of the City’s business license fees is conducted and analyzed; and
WHEREAS, this Resolution memorializes the City Council’s alternative motion and provides the necessary direction and authority required by City staff to carry out the business license fee study.
NOW, THEREFORE, the City Council of the City of Montebello does resolve as follows:
SECTION 1. RECITALS. The above recitals are true and correct and made a part of this Resolution.
SECTION 2. BUSINESS LICENSE LEVELS. All business license fees pursuant to Chapter 5.08 (Business License Taxes) of the Code are hereby returned to their FY 2009-10 levels until a business license fee study has been conducted and analyzed, or until such further action is taken by the City Council to repeal this Resolution.
SECTION 3 . FEE STUDY. The City Manager or his designee, is hereby authorized to conduct a business license fee study and take such further, related actions necessary in furtherance of such fee study.
SECTION 4. CREDIT TO ACCOUNT FOR FEES ALREADY PAID. Businesses who paid the correct (i.e., non- FY 2009-10 level) business license fee levels between the period of October, 2020 and February, 2021 will have their accounts credited.
SECTION 5. CERTIFICATION. The City Clerk shall certify to the passage and adoption of this Resolution and the same shall thereupon take effect and be in force immediately upon its adoption.
RESOLUTION NO. 21-___
APPROVED AND ADOPTED this 24th day of March 2021.
_______________________________
Kimberly Cobos-Cawthorne, Mayor
ATTEST: APPROVE AS TO FORM:
________________________________
Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 21-__ was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24 th day of
March, 2021 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE: __
Christopher Jimenez, City Clerk
ITEM #____
CITY
OF MONTEBELLO
CITY
COUNCIL AGENDA STAFF REPORT
TO: Honor
able Mayor and City Council Members
FRO
M: René Bobadilla, P.E., City Manager
BY: Nich
olas Razo, Director of Human Resources and Information Technology SUBJE
CT: Approval of a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid- Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the
Montebello Mid- Management Professionals’ Association, a Resolution to memorialize unrepresented non-management
employees to align with the Montebello City Employees’ Association DATE
: April 27, 2022
RECOMMENDATIONS:
It
is recommended that the City Council:
1) Approv
e a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding (MOU) between the City and the Montebello Fire Management Association (MFMA); and
2) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello Mid- Management Association (MMMA); and
3) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello City Employees’ Association (MCEA); and
4) Approve a Resolution adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello Mid- Management Professionals’ Association (MMPA).
5) Approve a Resolution to memorialize unrepresented non-management employees to align with the Montebello City Employees’ Association (MCEA) 15 CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022 Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
6) Approve amendment of the Table of Organization/Master Position Control updating staffing in the Transit and Human Resources – Information Technology Departments
FISCAL IMPACT
The City of Montebello’s employees are represented by ten (10) different employee associations. Each of these employee associations is comprised of specific job classifications, separated by miscellaneous/non- safety groups and safety groups (i.e., Fire and Police). Salaries, benefits, fringe benefits and other related items are detailed in comprehensive, City Council approved Memoranda of Understanding (MOU), one for each group. The most recent MOU’s for eight of the ten groups expired December 31, 2021. For one of the groups this is the inaugural MOU (MMPA). As detailed below, management has been engaged in labor negotiations since November 2021 to discuss successor MOUs.
These negotiations have been focused on salaries – b ased upon the results of the recently completed, comprehensive Classification and Compensation study. This study has been requested by every employee association over a number of years. The goal of the study was to review salary and benefits for all Montebello job classifications , compared to an agreed upon “comparator group” of seventeen (17) similar cities. Results from this study were presented to the City Council in summer 2021, and shared with all employee groups in August 2021, including numerous “town hall” meetings held to explain the study and its conclusions.
The Classification and Compensation study indicated that Montebello salaries (i.e., base pay) were behind the market, with the “market” defined as the agreed upon comparator group of similar cities. The study concluded that 83% of positions were more than 5% behind the market, with no position more than 5% ahead of market. The study found that, on average, Montebello is 21% behind market on the salary ranges of its positions.
Staff presented these findings to the City Council and the various employee associations during the summer of 2021. The intent of this study was to determine a path for labor negotiations. Typically, labor negotiations have been approached with a simple, across the board, “cost of living adjustment” (COLA) proposal format. However, as evidenced by the study data, this COLA approach has led to the City being behind the market in the wages offered – with some positions more than 25% behind the market.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
Management intended to take a new approach to labor negotiations, with the intent of bringing salary ranges closer to market. This approach required a new way of thinking – moving individual job classifications at different rates (percentages) versus offering an across the board, one-size-fits-all COLA to all positions in an association. The outcome would bring all job classifications to market rates, in addition to the creation of a comprehensive salary schedule.
The benefit of using the Classification and Compensation study data was to bring fairness and equity to labor negotiations. Management presented this approach to the City Council and received direction to bring all salaries “to market” within three years. With this direction from the City Council, Management began labor negotiation discussions in November 2021. The focus for this round of labor negotiations was on base salaries and establishing – for the first time in the City’s history for all positions – a comprehensive salary schedule with defined ranges and steps.
Management presented this approach to the associations through individual meetings (per the meet and confer process), explaining that the focus of negotiations would be on base salaries, and knowing that the study also indicated health benefits were also behind market. However, as the City continues to work towards fiscal stability, limited resources require the focus on salaries first, with the intent of reviewing health benefits during the next round of successor MOU discussions.
Through the numerous negotiation meetings, additional fringe benefits were discussed – besides base salaries – and both sides eventually agreed to adjustments in certain non- base salary fringe benefit items. For example, the three non-safety groups with which the City has reached a tentative agreement will begin receiving fixed dollar compensation for Bachelor and Master Degrees, as well as “certification pay” for certifications in addition to those that are job required certifications. There is also a change to bilingual pay compensation, which offers up to $150/month for individual who can successfully demonstrate the ability read, write and speak a second language. The Fire Management group (MFMA) will see increases in longevity and EMT/paramedic certification pay. To memorialize the practice of covering gym costs for employees, gym costs will be fully paid, as well as fully reimbursing these employees for annual paramedic recertification.
Provisions defined in each MOU dictate the rules for each of the benefits listed in the table. The tables below provide an overview and summary of the updates to non- salary fringe benefit items for the employee associations indicated (non-safety and safety, Fire):
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
MCEA MMMA MMPA
Education/Certification Pay$200/month =
Bachelors;
$400/month = Masters
$200/month =
Bachelors;
$400/month = Masters
$200/month =
Bachelors;
$400/month = Masters
Certification Pay $25/mo per approved
certificate or license
(Up to 2 certs allowed
= $50/mo)
$25/mo per approved
certificate or license
(Up to 2 certs allowed
= $50/mo)
$25/mo per approved
certificate or license
(Up to 2 certs allowed
= $50/mo)
Bilingual Pay$50 - read; $50 - write;
$50 - speak; possible
max $150/month
$50 - read; $50 - write;
$50 - speak; possible
max $150/month
$50 - read; $50 - write;
$50 - speak; possible
max $150/month
MFMA
Longevity 4%@ 5 years; 7% @ 10 years;
10% @ 15 years; 13% @ 20
years
EMT/Paramedic Certification Pay 3% of base pay = EMT; 8% of base pay = Paramedic
Bilingual Pay$50 - read; $50 - write; $50 -
speak; possible max
$150/month
Gym Allowance Gym costs fully paid by City
Paramedic Re-Cert Reimbursement Full cost of paramedic
recertificaiton paid by City
Uniform/Equipment Allowance$750/year (paid 2nd PP August
In general, it is difficult to determine the fiscal impact for the new certification pay being offered to the non- safety groups. Also, since the City currently offers bilingual pay to all employees who successfully pass the testing criteria, the impact of the new three- tier approach will be minimal once fully implemented. The largest dollar impact of the fringe benefit items will be from the improved longevity pay for the Fire Management group, as well as the updated EMT/Paramedic certification pay.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
Fire Management employee longevity pay was the following:
• 3% for 10 years
• 4.5% for 15 years
• 6% for 20 years
• 7.5% for 25 years
As indicated above there will still be four tiers, however , the ranges have been lowered to allow longevity to be earned beginning with the fifth year of service (vs. the tenth year).
Also, the percent of base pay amounts have been increased, now topping out at 13% vs.
7.5%. Currently, longevity pay for Fire Management employees costs approximately $62,300 per year. The updated proposals would increase this cost to approximately $118,700 per year, a $56,400 increase over twelve months.
The change to longevity for Fire Management helps with equity as well as retention and recruitment within the City’s fire service. Lowering the range to allow longevity pay to begin at 5 years (vs. 10) is intended to attract and retain thereby, reducing the need for constant recruitments as firefighters leave to other agencies for improved pay and benefits.
The largest cost increase of the new MOUs is related to base pay. As noted above, City Council provided direction to bring all classifications to market within three years.
Through negotiations, the overwhelming majority of classifications will be at market within two years. Given the expiration of the prior MOUs in December, salary adjustments will be retroactive to January 1, 2022.
Therefore, there will be salary costs in the current fiscal year for six months of salary adjustments. Furthermore, salary adjustments will then occur the first period of each July, beginning in 2022, then 2023 and finally 2024 (with MOUs expiring June 30, 2025).
The table below summarizes the annual cost, broken out by non -safety (i.e., MMMA, MCEA and MMPA) and safety (i.e, MFMA):
FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
Total Non-Safety $197,787 $296,193 $338,927 $358,493
Total Safety $2,133 $10,638 $10,904 $10,904
TOTAL $199,920 $306,830 $349,831 $369,397
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
The following table presents the summarized data, but shows the cost per association, over the three and a half year period of the proposed MOU:
It should be noted that a portion of the non -safety costs will be charged to the Transit Fund, as well as other non-General Fund sources, since some employees in the various non-safety groups work for the Transit Department or charge their time to Local Return Fund, CDBG or other special funds . For example, the entire cost for the MMMA group will be borne by the Transit Fund, since all represented employees work for the Transit Department. The impact to the budget will be analyzed for Fiscal Year 2021- 22, and if necessary subsequent City Council action to amend the budget will be recommended.
The FY 2022-23 budget will be built utilizing the updated salary ranges, with the estimated increase to base salaries indicated above accounted for in each department. Budget presentations will be made for FY 2022-23 assuming the projected salary cost increases noted above. Subsequent budgets will be developed with the updated salaries.
In addition to the base salary and fringe benefit improvements, the City and the MFMA , MMMA, MCEA, and MMPA employee groups tentatively agreed to two (2) additional paid Holidays; Juneteenth (June 19
th) and Columbus Day/Indigenous People’s Day (2 nd
Monday in October) for all employee group(s). The City will also provide true holiday leave, instead of requiring employees to use their own annual leave for a recognized City holiday. As detailed in each respective MOU document, a holiday leave bank will be provided to each employee. This holiday leave bank increases total leave available to employees, and does not negatively impact their earned vacation accrual.
The Classification and Compensation study also identified that employee leave banks were behind the market. As a remedy, the City proposed to eliminate Annual Leave (AL) and freeze it for members to use during service and or to sell hours during service and at separation. The AL is replaced with vacation and sick leave accruals for all employee groups, in an effort to align with the market.
Group Name Total Cost, FY
21-22
Total Cost, FY
22-23
Total Cost, FY
23-24
Total Cost, FY
24-25
MMMA $9,531 $32,396 $33,206 $61,265
UNREP $21,095 $22,956 $26,669 $23,788
MCEA $117,132 $182,020 $216,182 $178,807
MMPA $50,028 $58,820 $62,870 $94,633
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
Management firmly believes the packages negotiated with the employee groups are fair and equitable. Most importantly, the salary increases will bring the City’s employees up to market pay rates before the end of the MOU term, as directed by the City Council. This is an important accomplishment that helps with recruitment and retention – two important goals in helping Montebello progress and accomplish more.
The City’s improved financial standing has allowed for the proposed MOUs to be negotiated and agreed upon. Management feels strongly the negotiated packages of increased wages and improved fringe benefits are fiscally sustainable, and necessary for Montebello to remain competitive in the public sector labor market.
BACKGROUND
The City of Montebello has ten (10) separate and distinct employee associations. All employees are represented by one of these ten associations – depending upon job classification and whether the position is safety (i.e, Fire or Police) or non- safety. Each employee association has a comprehensive Memorandum of Understanding which governs pay, benefits and other aspects of employment. The most recent set of MOUs expired on December 31, 2021.
Management has been engaged with all employee associations for the past six months in active labor negotiations. In addition, Staff has been meeting with each employee group since the summer of 2021 to discuss the Classification and Compensation study, and its results. The following paragraphs outline the timeline and path taken from the initiation of the Classification and Compensation study through the presentation of successor MOUs.
In April 2020, t he City initiated an RFP and identified an approved vendor to perform a Classification and Compensation study. The City selected Public Sector Personnel Consultants (PSPC) to conduct this study. Additionally, in September 2020, the City met with each employee group to discuss the process for conduc ting the Classification and Compensation study.
The City and employee associations met and conferred on the comparable cities to which the data would be surveyed – the “market” against which Montebello’s salary and benefits would eventually be compared. The employee groups had the opportunity to provide input and agreed to the study and all of its components. Moreover, in October 2020 the City met with the various associations to discuss the data that would be examined.
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
It is important to note that MFMA requested a Classification and Compensation study be conducted approximately twenty-three (23) years ago, on March 2, 1999, and most recently requested it again in October 2020. Other groups have similarly requested a Classification and Compensation study be conducted.
In August 2021, the Human Resources Department met with employee groups to present the findings of the study. The Administration and Human Resources Departments began to prepare for negotiations for the period of January 1, 2022, to June 30, 2025. The current Memoranda for all associations expired December 31, 2021.
In November and December 2021, respectively, the City met with MFMA Board President Charles Wells, MMMA Board President Abigail Marin, MCEA Board President Jacqueline Leon, and MMPA Board President John Soria to hold the first set of labor negotiation meetings. City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Director of Finance Michael Solorza and the Human Resources Department were in attendance.
The City met separately with each employee group and provided a proposal for the successor MOU. The associations were given time to review the proposals and identify questions for clarification and or craft their counter -proposal, with subsequent meetings held as necessary to analyze each proposal and counter-proposal.
The City held multiple labor negotiation meetings and continued the meet and confer process with each employee group over the past six months. During the negoti ation meetings, the City provided clarifications for follow up and revised provisions that the groups then took back to their membership for review and ratification. Findings from the Classification and Compensation study were presented, indicating the relative change in pay for each classification, along with describing and explaining the new comprehensive salary schedule. Again, the approach for this round of MOU updates was to bring salary ranges for all classifications to market within three years.
MFMA and the City have tentatively agreed to the Comprehensive Memoranda being presented for adoption and the attached draft administrative polices that includes relevant provisions (see also the summary table in “Fiscal Impact” section above):
o Salary increases per the Classification and Compensation study o Longevity
o EMT/Paramedic Certification Pay
o Bilingual Pay
o Gym Allowance
o Paramedic Re-Certification Reimbursement
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
o Meal Allowance
o Creation of Vacation, Sick and Holiday leave accruals
At this time, the MFMA employee group has tentatively agreed that the Comprehensive Memoranda of Understanding being presented for adoption and the attached draft administrative policies accurately identify those items that were tentatively agreed upon and all current active provisions from preceding MOU between the City and the MFMA.
These Comprehensive MOU memorialize salary, benefits and related items already included in the MOU currently in effect for these groups.
MMMA, MCEA, and MMPA and the City have tentatively agreed to the Comprehensive MOU being presented for adoption and the attached draft administrative polices that include these provisions:
o Salary increases per the Classification and Compensation study o Education/Certification Incentive Pay
o Bilingual Pay
o Creation of Vacation, Sick and Holiday leave accruals
At this time, the MMMA, MCEA, and MMPA have tentatively agreed that the MOU being presented for adoption and the attached draft administrative policies accurately identify those items that were tentatively agreed upon and all current active provisions from preceding MOU between the City and the MMMA, MCEA, and MMPA . The various Comprehensive MOU memorialize salary, benefits and related items already included in the comprehensive MOU currently in effect for these groups.
In addition, City Council action will also approve a Resolution to memorialize unrepresented non-management employees to align with the MCEA and the salary and benefits outlined in that MOU . There exists a sub -group of position classifications that are classified as “unrepresented” given the confidential nature of the job duties (i.e, payroll, administrative assistant to executive team, etc.). This group does not have their own MOU, however the job classifications align with the non- management job classifications represented by MCEA. In order to ensure all employees are covered by an MOU or R esolution, it is necessary to approve a Resolution for all unrepresented employees. Changes to salary ranges and fringe benefits for the unrepresented group will be mirrored by those found in the MCEA MOU (per the Resolution).
The effective dates and term of the proposed updated MOUs are January 1, 2022, through June 30, 2025. The remaining groups that the City continues to meet and confer with are CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
Montebello Firefighters’ Association (MFA), Police Management Association (MPMA), Montebello Police Officers’ Association (MPOA), Montebello Supervisors Association (MSA), and Association of Sheet Metal, Air, Rail and Transportation Workers – Transportation Division (SMART-TD).
SUMMARY
Each of the City’s ten (10) employee associations have comprehensive City Council approved MOUs that detail the salary, benefits and related matters of employment for the classifications represented by each group. These MOUs expired December 31, 2021.
Management has been engaged in active labor negotiations through the meet and confer process since November 2021. The basis for negotiations has been the results of the Classification and Compensation study completed in the summer of 2021.
Prior to the study being completed, in September 2020, the City met and conferred with MFMA, MMMA, MCEA, and MMPA to initiate the Classification and Compensation study.
The City successfully engaged in Labor Negotiations, from November 2021 through April 2022, to reach tentative agreements with MFMA, MMMA, MCEA, and MMPA for new contracts with terms of January 1, 2022, to June 30, 2025.
The single largest cost item of the new, proposed MOUs is the increase to base salaries.
The City Council previously provided direction to Management to bring all salaries to market rate within three years. The proposed, updated MOU s accomplish this City Council direction, utilizing data from seventeen (17) public agencies to establish the “market” against which Montebello salary ranges were compared.
In addition to updating salary ranges, other fringe benefit items (monetary and non- monetary) were improved and updated as part of the labor negotiation process:
o Longevity
o EMT/Paramedic Certification Pay
o Bilingual Pay
o Gym Allowance
o P aramedic Re-Certification Reimbursement
o Creation of Vacation, Sick and Holiday leave accruals o Education/Certification Incentive Pay
Implementation of these Memoranda will begin to align the City of Montebello with current market rates to allow the City to better retain and attract employees . The City wor ked CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
diligently to update the MOU provisions to align with the new points of agreement and made a concerted effort to remove any language in the MOUs that was unclear or antiquated. Implementation of the structured salary schedule will also allow for transparency and ease of administration of employee salary increases , and will be the first time in Montebello’s history that a comprehensive salary schedule exists for all classifications.
It is being requested that the City Council approve a Resolution to adopt successor MOUs between the City and the MFMA, MMMA, MCEA, and MMPA employee groups to cover the period from January 1, 2022 to June 30, 2025.
ATTACHMENTS
A. Attachment A – RESOLUTION NO. 22-27 OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPROVING THE COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MONT EBELLO AND THE
MONTEBELLO FIRE MANAGEMENT ASSOCIATION F OR THE PERIOD OF JANUARY 1, 2022 THROUGH JUNE 20, 2025
B. Attachment B -- COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MONTEBELLO AND MONTEBELLO FIRE MANAGEMENT
ASSOCIATION
C. Attachment C – RESOLUTION NO. 22-24 OF THE CITY COUNCIL OF THE CITY
OF MONTEBELLO APPROVING THE COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MONT EBELLO AND THE
MONTEBELLO MID -MANAGEMENT ASSOCIATION F OR THE PERIOD OF JANUARY 1, 2022 THROUGH JUNE 20, 2025
D. Attachment D – COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MONTEBELLO AND MONTEBELLO MID -MANAGEMENT
ASSOCIATION
E. Attachment E – RESOLUTION NO. 22-26 OF THE CITY COUNCIL OF THE CITY
OF MONTEBELLO APPROVING THE COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MONT EBELLO AND THE
MONTEBELLO CITY EMPLOYEES ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2022 THROUGH JUNE 20, 2025
F. Attachment F – COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MONTEBELLO AND MONTEBELLO CITY EMPLOYEES’
ASSOCIATION
CITY COUNCIL AGENDA REPORT – MEETING OF APRIL 27, 2022
Request to Approve a Resolution adopting a Memorandum of Understanding between the City and the Montebello Fire Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid-Management Association, a Resolution adopting a Memorandum of Understanding between the City and the Montebello City Employees’ Association, and a Resolution adopting a Memorandum of Understanding between the City and the Montebello Mid -Management Professionals’ Association
G. Attachment G – RESOLUTION NO. 22-25 OF THE CITY COUNCIL OF THE CITY
OF MONTEBELLO APPROVING THE COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MONT EBELLO AND THE
MONTEBELLO MANAGEMENT PROFESSIONALS ASSOCIATION F OR THE PERIOD OF JANUARY 1, 2022 THROUGH JUNE 20, 2025
H. Attachment H -- COMPREHENSIVE MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MONTEBELLO AND MONTEBELLO MANAGEMENT
PROFESSIONALS’ ASSOCIATION
I. Attachment I – RESOLUTION NO. 22-28 OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO SPECIFYING CERTAIN EMPLOYEE BENEFITS AND
EMPLOYMENT CONDITIONS FOR UNREPRESENTED NON- MANAGEMENT
EMPLOYEES
J. Attachment J – STRUCTRED SALARY SCHEDULE
K. Attachment K – TABLE OF ORGANIZATION
ATTACHMENT A
RESOLUTION NO. 22-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPROVING A COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING AND THE TERMS AND CONDITIONS OF
EMPLOYMENT AFFECTING THE DESIGNATED MONTEBELLO FIRE
MANAGEMENT ASSOCIATION (MFM A) EMPLOYEES FOR THE
PERIOD OF JANUARY 1, 2022 THROUGH JUNE 30, 2025
RECITALS
WHEREAS, the City of Montebello values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees, and
WHEREAS, representatives of the City and representatives of the bargaining unit named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and the M FMA have developed the Comprehensive Memorandum of Understanding (MOU) attached here (ATTACHMENT B).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1 : The MOU between the City of Montebello and the MF MA dated January 1, 2022 through June 30, 2025 and attached is hereby approved.
SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of April 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 22-27
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-27 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 27 th day of April 2022
and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT B
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MONTEBELLO
AND THE
MONTEBELLO FIRE MANAGEMENT ASSOCIATION
FOR JANUARY 1, 2022 THROUGH JUNE 30, 2025
TABLE OF CONTENTS Page
PREAMBLE …………………………………………………………………………………………………………… 1
ARTICLE I IMPLEMENTATION……………………………….………………………………………………… 1 Section A. TERM……………………………………………………………………………………………….. 1 Section B. RECOGNITION……………………………………………………………………………………. 1 Section C. PROVISIONS OF LAW AND SEVERABILITY CLAUSE…………………………………….. 1 Section D. INCORPORATION OF CITY CODE, RULES, AND POLICIES……………………………... 1 Section E.
Section F.
CITY DEDUCTIONS AND DUES………………………………………………………………...
FULL UNDERSTANDING, MODIFICATION AND WAIVER…………………………………. 2 2
ARTICLE II COMPENSATION…………………………………………………………………………………. 2 Section A. SALARY INCREASES……………………………………………………………………………. 2 Section B. UNIFORM/EQUIPMENT ALLOWANCE………………………………………………………… 3 Section C. OVERTIME………………………….………………………………………………………………. 4 Section D.
Section E.
Section F.
Section G.
Section H.
Section I.
MEAL ALLOWANCE………………………………………………………………………………
GYM MEMBERSHIP...…………………………………….......................................................
CERTIFICATE PAY IN RANK…………………………………………………………………….
PARAMEDIC RECERTIFICATON BONUS…………………………………………………….
RECALL…………………………………………………………………………………………….
LEVEL 3 SURVIVOR BENEFIT…………………………………………………………………
4 4
4 4
4 4
ARTICLE III RETIREMENT……………………………………………………………………………………..... 5 Section A. CALPERS RETIREMENT TIERS………………………………………………………………… 5 Section B. EMPLOYEE CALPERS CONTRIBUTIONS………………...…………………………………… 5 ARTICLE IV POST-RETIREMENT BENEFITS……………..…………………….……………………………. 5 Section A. RETIREE HEALTH BENEFITS………………………………………………………………….... 5 ARTICLE V LEAVE BANKS……………………………………………………………………………………… 7 Section A. ANNUAL LEAVE DISCONTINUATION………………………………………………………….. 7 Section B. VACATION LEAVE ACCRUAL…………………………………………………………………... 7 Section C. SICK LEAVE ACCRUAL………………………………………………………………………….. 8 Section D. HOLIDAY BANK……………………………………………………………………………………. 10 Section E. CTO BANK…………………………………………………………………………………………... 11 ARTICLE VI MISCELLANEOUS………………………………………………………………………………….. 11 Section A. UNIT WORK SCHEDULES………………………………………………………………………… 11 Section B. MANAGEMENT RIGHTS…………………………………………………………………………... 12 Section C. AVOIDANCE OF INEQUITIES…………………………………………………………………….. 12 Section D. SHARED AGREEMENT CLAUSE………………………………………………………………... 12 ARTICLE VII EFFECTIVE DATE AND TERM OF AGREEMENT……………………………………………... 12 APPENDIX A CITY POLICY – BILINGUAL PAY………………………………………………………………… 14 APPENDIX B CITY POLICY – BEREAVEMENT LEAVE ………………………………………………….…… 17 APPENDIX C CITY POLICY – LONGEVITY PAY……………………………………………………………….. 19 APPENDIX D CITY POLICY – EDUCATIONAL REIBURSEMENT PROGRAMS…………………………… 30 APPENDIX E CITY POLICY – EMPLOYEE COMPENSATION AND BENEFITS….………………………... 33 APPENDIX F CITY POLICY – EDUCATION INCENTIVE PAY………………………………………………... 37
THE CITY OF MONTEBELLO FIRE MANAGEMENT ASSOCIATION
1 |
PREAMBLE
Pursuant to Government Code Section 3500 et seq., representatives of the City of Montebello (“City”) have met and conferred in good faith with representatives of the Montebello Fire Management Association (MFMA), and have reached an agreement to recommend that the City Council take the actions identified in this comprehensive Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratification of this Comprehensive MOU by majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. This Comprehensive MOU supersedes Resolution 21
-30 adopted by the City Council on July 28, 2021.
Except as otherwise modified herein, existing wages, hours and other terms and conditions of employment shall remain in full force and effect.
ARTICLE I -
IMPLEMENTATION
SECTION A TERM
Period Covered Three and one-half (3 ½) Years. From 1/1/2022 to 6/30/2025.
SECTION B RECOGNITION
The Montebello Fire Management Association (MFMA), is the exclusive representative of the Fire Battalion Chief, Fire Marshal, Deputy Fire Chief and Assistant Fire Chief bargaining unit for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment.
SECTION C PROVISIONS
OF LAW AND SEVERABILITY CLAUSE
Except as modified herein, all relevant federal, state, and local laws apply. Should any provisions of this MOU be found to be in violation of any law, rule or regulation, the remaining provisions will remain in full force and effect for the duration of this MOU.
SECTION D INCORPORATION OF CITY CODE,
RULES, AND POLICIES
This MOU memorializes changes in terms and conditions for members of the bargaining unit as well as modifications of certain existing City codes, rules, and policies.
Incorporation of prior MOU’s references to City code, rules, and policies have been adopted during “
Meet and Confer” sessions and shall be considered adopted by reference in this MOU specifically the following City policies which are attached as appendices to the MOU:
a. 2.060.590 Bilingual Pay
b. 2.060.565 Bereavement Leave
c. 2.060.227 Longevity Pay
d. 2.060.517 Educational Reimbursement Programs
e. 2.060.504 Employee Compensation and Benefits
f. 2.060. 528 Education Incentive Pay
THE CITY OF MONTEBELLO FIRE MANAGEMENT ASSOCIATION
2 |
Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.
SECTION E CITY DEDUCTIONS AND DUES
The City agrees to conduct dues deductions.
SECTION F FULL UNDERSTANDING, MODIFICATION AND WAIVER
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment covered by this Memorandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered incorporated, by reference, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement.
ARTICLE II -
COMPENSATION
SECTION A SALARY INCREASES
1. PLACEMENT ON NEW SALARY MATRIX
Positions covered under this MOU shall be placed on the new salary range (number) as follows, effective on the dates noted below.
Members covered under this MOU will be placed at the appropriate Step, within the new salary range as noted in the tables below that is closest to their current rate of pay at the time of City Council approval of this MOU, without being less than their current rate of pay.
Effective January 01, 2022:
Position New Range Number New Annual Salary Range
Fire Marshal 50 $111,597 - $139,369
Fire Battalion Chief 57 $132,654 - $165,666
Deputy Fire Chief 58 $135,970 - $169,808
Assistant Fire Chief 62 $150,086 - $187,436
* See salary matrix attached.
THE CITY OF MONTEBELLO FIRE MANAGEMENT ASSOCIATION
3 |
Effective the first full pay period of July 2022:
Position New Range Number New Annual Salary Range
Fire Marshal 50 $111,597 - $139,369
Fire Battalion Chief 57 $132,654 - $165,666
Deputy Fire Chief 58 $135,970 - $169,808
Assistant Fire Chief 62 $150,086 - $187,436
* See salary matrix attached.
Effective the first full pay period of July 2023:
Position New Range Number New Annual Salary Range
Fire Marshal 50 $111,597 - $139,369
Fire Battalion Chief 57 $132,654 - $165,666
Deputy Fire Chief 58 $135,970 - $169,808
Assistant Fire Chief 62 $150,086 - $187,436
* See salary matrix attached.
No employee will have their rate of pay decreased upon implementation of the new salary ranges.
Annual performance increases will remain on schedule for unit members who meet department expectations on their performance evaluation.
o
Management reserves the right to increase an employee’s salary by one (1) or two (2) steps based on their performance evaluation. Any increase beyond two (2) steps must be authorized by the City Manager, within the adopted salary range.
2. COST OF LIVING ADJUSTMENT (COLA)
Effective the first full pay period in July 2024, unit members in all classifications shall receive a two percent (2.0%) salary adjustment.
Effective the first full pay period of July 2024:
Position Range Number Salary Range with 2% COLA
Fire Marshal 50 $113,829 - $142,157
Fire Battalion Chief 57 $135,307 - $168,980
Deputy Fire Chief 58 $138,690 - $173,204
Assistant Fire Chief 62 $153,087 - $191,185
SECTION B UNIFORM/ EOUIPMENT ALLOWANCE
The City agrees to provide a total uniform/ equipment allowance to unit members of $750/year.
Paid during the second (2nd) pay period in August each year.
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SECTION C OVERTIME
Fire Battalion Chiefs shall be compensated for all hours worked above 56 hours per week at
1.5 times their calculated hourly rate including incentives pays allowed by this MOU.
For positions represented in this unit that work a forty (40) hour work week, overtime shall be calculated in accordance with the Fair Labor Standards Act (FLSA) for all time actually worked in excess of forty (40) hours in a work week.
SECTION D MEAL ALLOWANCE
Effective January 1, 2022, Battalion Chiefs will receive $6.00 per day for meal supplies. This food allowance is paid to the Department twice annually for the months January - June and July - December.
SECTION E GYM MEMBERSHIP
The City agrees to provide access to a gym facility at no cost to MFMA members. It shall be mandatory for all MFMA members to attend the provided gym facility at least once during each segment for a minimum of one hour and engage in exercise activities un less there are
mitigating or unforeseen circumstances that prevent such attendance. MFMA members are required to submit a gym usage report on a quarterly basis to the Fire Chief.
SECTION F CERTIFICATE PAY IN RANK
Effective January 1, 2022, un
it employees who possess and maintain their California / Los Angeles County Department of Health Services certifications shall be eligible to receive the following
non-stackable incentives:
Certificate/License Incentive
EMT 3% of base pay
or
Paramedic 8% of base pay
SECTION G PARAMEDIC RECERTIFICATION BONUS
The City agrees to reimburse the MFMA members the current cost of recertification fees for the California State Paramedic license.
SECTION H RECALL
The minimum number of hours for recall time is 4 hours.
SECTION I LEVEL 3 SURVIVOR BENEFIT
The City agrees to pay the cost of the CalPERS Level 3 Survivor benefit.
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ARTICLE III - RETIREMENT
SECTION A CALPERS RETIREMENT TIERS
The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are two (2) tiers of the retirement benefit plan depending on date of hire and/or status as “new member”, as defined by Government Code,
which define the employee contribution/cost sharing as follows:
Retirement Tier 1: Employees hired prior to January 1, 2013 or who are not “new members” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), Gov. Code §
§ 7533, et seq.
The current retirement formula is 3% at 50.
Retirement Tier 2: Employees Hired on or after January 1, 2013 and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as “new members”.
The current retirement formula is 2.7% at 57
SECTION B EMPLOYEE CALPERS CONTRIBUTION
A. Classic CalPERS Members (as defined by CalPERS):
Classic CalPERS Members pay the 9% employee contributions toward their CalPERS pension. Each Classic CalPERS unit member shall also contribute an additional (3%) of the employee member contribution of pensionable income to CalPERS for a total obligation by each Classic CalPERS unit member of (12%).
B. CalPERS (PEPRA) Members (as defined by CalPERS):
New CalPERS (PEPRA) unit members, including each newly hired unit member, shall continue to pay their obligatory "half the actuarial normal cost" of their pension benefit (as determined and regularly adjusted by CalPERS). The current normal cost obligation for each PEPRA unit member is 12.25%, with potential mandated upward adjustments thereafter as determined annually by CalPERS actuarial valuation reports. The City is prohibited by PEPRA from paying any portion of the member contribution for PEPRA members.
ARTICLE IV -
POST RETIREMENT BENEFITS
SECTION A RETIREE HEALTH BENEFITS
A. Full- time unit members hired prior to June 26, 2019:
The City agrees to continue to provide the Retiree Health Benefit, with qualifying prerequisites, terms and provisions as previously agreed to in the Memorandum of
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Understanding between the City and MFMA for the 2008 Re-Opener negotiations, to all full- time unit members hired prior to the date a new MOU is adopted by the City Council.
The terms and eligibility requirements remain as follows:
1) The Retiree Health Benefit will be paid to eligible members throughout the employee's lifetime or until the employee qualifies for Medicare under the federal Social Security Act.
2) The Retiree Health Benefit will not apply to the employee's survivors.
3) To be eligible, the unit member:
a)
Must currently be employed as an active full-time safety unit member of MFMA; b) Must be at least 50 years of age (no minimum age requirement for disability retirement); c) Must retire directly from the City of Montebello;
d) Must have at least (15) full- time years of active City service at the time of service retirement (the 15 years does not have to be the result of contiguous employment however, the employee's last five years of employment immediately prior to retirement must be as an active, full-time employee of the City), or at least (10) full years of active City service at the time of disability retirement.
4) The monthly retiree benefit will be determined by the number of full years of City service multiplied by $ 25. 00. The maximum benefit allowable will be calculated at 25 years of active City service. The retiree benefit for qualified disability retirement will be calculated in the same manner as for service retirements. Examples of calculations are as follows: 15 years of City service multiplied by $ 25. 00 = $ 375 per month; 25 years of City service multiplied by $ 25. 00 = $ 625 per month, which is the maximum benefit allowable.
5) The monthly amount payable will be reduced by any amount paid by the City on the retiree's behalf toward medical insurance or any amount required to be paid by the City for any local, state, or deferral government retirement or medical plan or law.
6) The retiree will begin receiving the monthly retiree benefit beginning the month following one full month of retirement. The retiree benefit will be paid throughout the retired employee's lifetime or until the employee qualified for Medicare under the federal Social Security Act.
7) The City will issue a warrant to the retired employee on a monthly basis for the amount of retiree benefit paid to the employee. These amounts will be considered taxable to the retiree.
Retired employees may enroll in any health plan of their choice or may choose not to enroll in a health plan at their discretion.
B. Full- time unit members hired after the date of a new MOU is adopted by the City Council:
All full-
time unit members hired after June 26, 2019 shall, commencing the month following one full month of retirement, receive the minimum employer health premium contribution as prescribed by Government Code section 22892 of the Public Employees' Medical and Hospital Care Act (PEMHCA). The retiree must be and remain enrolled in an eligible health benefit plan in order for the City to be obligated to pay the prescribed premium.
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ARTICLE V – LEAVE BANKS
SECTION A ANNUAL LEAVE DISCONTINUATION
Effective one full pay-period after the adoption of this MOU annual leave banks will be frozen and accruals will cease. All MFMA members will begin accruing the vacation/holiday/sick leave banks in lieu of annual leave as outlined in this MOU.
Employees shall have the option of converting accrued Annual Leave to cash on an hour for hour basis subject to the following: To cash out Annual Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Annual Leave hours in the following calendar year. The accrued Annual Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.
Frozen Annual Leave:
During the initial Annual leave cash out an employee must make an irrevocable election on or before December 31st to be paid out during the first full pay period in January 2023. The optional election to cash out up to one hundred twenty (120) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.
Effective December 2023, and thereafter, in no event shall the total Annual Leave hours cashed out exceed eighty (80) hours per year. The annual optional election to cash out up to eighty (80) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.
Annual Leave can be used upon approval by the Director/Chief based on the needs of the department.
Upon separation from the City, remaining annual leave hours will be paid out to the employee at the member’s current base rate of pay.
SECTION B VACATION LEAVE
ACCRUAL
1. Accrual and Cap: Employees covered under this MOU shall accrue vacation leave and shall have a maximum vacation accrual cap in the amounts listed below. Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service.
YEARS EMPLOYED
(MONTHS)
ACCRUAL
PER PAY
PERIOD
ANNUAL
ACCRUAL
ACCRUAL
CAP
0 – 5 yrs (0 – 60 months)
5.54 144 hours 372 hours
5 – 10 yrs (61 – 120 months)
7.85 204 hours 372 hours
10-15 yrs (121 – 180 months) 8.31 216 hours 372hours
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16 yrs (181 – 192 months)
8.77 228 hours 372 hours
17 yrs (193 – 204 months)
9.23 240 hours 372 hours
18 yrs (205 – 216 months)
9.69 252 hours 372 hours
19 yrs (217 months &
thereafter)
10.15 264 hours 372 hours
2. Cash Out of Vacation Leave: Employees shall have the option of converting accrued Vacation Leave to cash on an hour for hour basis subject to the following: To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Vacation Leave hours in the following calendar year. The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.
All members with a minimum of eighty (80) hours of Vacation leave may elect to cash out up to forty (40) hours annually. The annual optional election to either cash out or to convert up to forty (40) hours of Vacation Leave to the City’s Deferred Compensation 457 plan shall be paid out at the member’s current base rate.
Other Rules:
An employee shall not be eligible to take annual vacation leave during the same year it is earned (in CSR&R - City agrees to amend this Rule when CSR&Rs are updated) Accrued vacation leave will be paid out at separation at the employee’s current base rate of pay.
Vacation hours will be considered hours worked when computing overtime.
SECTION C SICK LEAVE ACCRUAL
1. Accrual and Cap: Employees covered under this MOU shall accrue sick leave and shall have a maximum sick leave accrual cap in the amounts listed below.
ACCRUAL PER PAY
PERIOD
ANNUAL
ACCRUAL
SOFT ACCRUAL CAP
5.54 144 2080
2. Sick leave may be utilized for:
Personal illness or injury of the employee;
Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that reside in the unit employee’s residence (in accordance with Labor Code §§ 233);
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Where an employee which is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230 © and 230.1(a); Cases of quarantine;
Where exposure to contagious diseases would endanger the health of other employees.
Other Rules:
Sick leave may be taken in increments of one-half (1/2) hour or more.
Sick leave may not be used for disapproved vacation leave.
For absences of over two (2) days, a medical certificate from a qualified physician may be required.
In order to receive compensation while absent on sick leave, except in an emergency or due to extenuating circumstances, the employee shall notify their immediate supervisor, at least one (1) hour prior to employee’s scheduled shift/start time. In an emergency, the employee shall report to their supervisor as soon as the situation reasonably allows.
Sick leave hours used per 14 day pay period cycle will not be counted as time worked toward the calculation of overtime. When Sick leave hours are used, overtime hours will be paid at the rate of 1.0 until the amount of sick leave hours (one for one) used has been met, at which time any additional hours in the 14 day period cycle will be paid at the rate of 1.5.
For Example: A member uses 12 hours of sick leave and works 14 hours of overtime in the 14 day pay period cycle. 12 hours will be paid at the rate of 1.0, and the additional 2 hours will be paid at the rate of 1.5.
Sick leave hours over the soft accrual cap of 2080 will be paid out as earned at the rate of ½ the current base rate of pay during the first (1st) pay period in January.
After sick leave has been exhausted, employee may use earned vacation leave
SICK LEAVE CASH OUT OPTIONS
AT SEPARATION
Upon separation of employment, the City will contribute 100% of a unit employee’s unused Sick Leave balance to a 401(a) plan at the normal age of retirement and at the maximum contribution limit amount set by the IRS. Upon reaching the maximum amount set by the IRS in a calendar year the City will pay out the remaining balance to the employee at their current base rate of pay.
AND
Sick Leave Conversion to Service Credit:
In accordance with Government Code Section 20965, the City will commence the process to evaluate the cost to amending its retirement contract with CalPERS to include the Sick Leave
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Conversion Benefit. Upon amendment, employees would have the option to convert any Sick Leave hours not contributed to the 401 (a) plan to CalPERS service credit upon retirement from the City of Montebello.
SECTION D HOLIDAY BANK
Effective the first full pay period after the City Council’s adoption of this MOU, unit employees will receive a prorated bank of holiday hours, based on their work schedules (as stated below), for the remaining holidays occurring this calendar year.
Holiday Hour Bank Cash Out
156 (56-hour work week/
13 hours per holiday)
Automatic cash out second (2nd) pay period in
January of each calendar year
120 (40-hour work week members/
10 hours per holiday)
Holidays
1. NEW YEAR’S DAY-January 1st
2. MARTIN LUTHER KING, Jr. DAY- Third Monday in January
3. PRESIDENT’S DAY-Third Monday in February
4. MEMORIAL DAY- Last Monday in May
5. JUNETEENTH- June 19th
6. INDEPENDENCE DAY-July 4th
7. LABOR DAY-First Monday in September
8. COLUMBUS DAY/INDEGINOUS PEOPLE’S DAY- Second Monday in October
9. VETERAN’S DAY-November 11th
10. THANKSGIVING DAY-Fourth Thursday in November
11. DAY AFTER THANKSGIVING- Fourth Friday in November
12. CHRISTMAS DAY-December 25th
Annual Holiday Bank
In the pay period containing January 1st of each year, a holiday bank shall be established for each unit employee based on the employee’s work scheduled hours for each full holiday, which occur during the calendar year.
Employees entering the unit during the calendar year shall have a pro-rated holiday bank established that contains all designated holidays remaining in the calendar year following their effective date of hire or entry into the unit.
Employee’s whose regular schedule work-day occurs on an observed holiday may use their holiday hours at the discretion of the managing department, subject to department rules and guidelines.
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Cash Out of Remaining Holiday Hours
During the second (2nd) pay period in January of each calendar year, each unit employee shall receive a cash payment, for all remaining time in their holiday bank from the previous calendar year, at the base pay including all incentives.
There shall be no carryover of any unused holiday hours from one calendar year to another.
Observation of Holidays (4/10 workweek members)
Designated holidays falling on a Monday through Thursday shall be observed by the City on the
actual date of the designated holiday.
Designated holidays falling on a Friday, Saturday or Sunday those hours will be banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January, if unused.
Employees Separating from the City
Employees who leave City employment shall be paid a pro-rata amount of unused holiday time. The separating employee shall be paid all unused holiday hours equivalent to the number of recognized City holidays that occur between January 1st and the date of the employee’s separation.
Holiday hours will be considered hours worked when computing overtime.
In order to receive holiday pay an employee shall work or have approved leave time off on their last scheduled shift immediately preceding the holiday, and their first scheduled shift immediately after the holiday.
If the member is off on their last scheduled shift immediately preceding the holiday, or their first scheduled shift immediately after the holiday, and it is an unapproved leave request, the member will not be eligible for holiday.
SECTION E COMPENSATORY TIME OFF (CTO) BANK
The maximum number of compensatory time off (CTO) hours that may be accumulated by MFMA members is two hundred forty (240) hours.
ARTICLE VI –
MISCELLANEOUS
SECTION A UNIT WORK SCHEDULES
1. Members of this unit may be assigned to the following work schedules dependent on organizational need.
a. 48 On/96
Off Work Schedule
b. 4/10 Work Schedule
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2. Work Schedule Changes
Work schedule changes shall require a minimum of fourteen (14) calendar days’ notice, except in the case of an emergency as determined by management.
SECTION B MANAGEMENT RIGHTS
Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City including the establishing of rules, directives and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agreement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with Firefighters Bill of Rights (FBOR) and general employment law; to make and enforce.
SECTION C AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall encompass but is not limited to; adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Montebello, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.
SECTION D SHARED AGREEMENT CLAUSE
Nothing in this Agreement shall limit the Parties' ability to mutually agree, in writing, to implement different terms than those provided in this Agreement.
ARTICLE VII - EFFECTIVE DATE AND TERM OF AGREEMENT
This MOU shall be of no force and effect unless or until adopted by City Council. If adopted, the term of this MOU shall be for Three and one-half ( 3 ½ ) Years. From 1/1/2022 to
6/30/2025.
Charles Wells Date
Montebello Fire Management Association President
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René Bobadilla Date
City Manager
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
14 2.060.590 Bilingual Pay
Purpose
The purpose of this policy is to provide compensation guidelines for City employees that provide bilingual services to the residents and customers of the City of Montebello. This policy applies to only full-time employees.
Policy
It is the policy of the City to identify employees in positions designated as bilingual by the Director of Human Resources, that require, as a condition of employment, the performance of verbal and written bilingual skills, shall be entitled to Bilingual pay.
A. The City has identified and approved through demographical data the need for providing bilingual services in the following languages: Spanish, Russian, Chinese, Armenian, Korean, or Sign Language.
B. The Human Resources Department has identified and approved positions and level of required fluency in the second language that meet the operational needs of the City and its citizens.
C. The Human Resources Department shall contract with a third-party vendor to provide a testing system for compensating employees based on City needs.
Procedure
A. Employees must submit in writing a request to test for Bilingual Pay.
B. Employee must pass a bilingual proficiency test, in addition to any other job-related test requirement for a position.
C. Testing:
1. Bilingual proficiency will be determined by standardized competency tests contracted through a third-party vendor by Human Resources.
2. The Human Resources Department will communicate with the Department when an employee has passed the competency test, the employee’s
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
15 Department will submit a personnel action form for the incentive pay to begin on the 1st of the next month.
D. Compensation: Compensation shall be based on Bargaining Unit agreements:
Prior to May 2022:
Bargaining Unit Monthly Incentive
Montebello Firefighters’ Association $100
Montebello Fire Management Association $100
Montebello Police Officers’ Association $100
Montebello Police Management Association $100
Montebello Supervisors’ Association $80
Montebello Mid-Management Association $70
Montebello City Employees’ Association $80
Montebello Management Professionals’
Association
$80
Un-represented full-time $80
Effective July 1, 2022:
The Bilingual incentive will be based on the following criteria, and compensation for successfully passing an assessment for each (one language only):
o Speaking - $50.00 per month
o Writing - $50.00 per month
o Reading - $50.00 per month
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
16 A. Staff currently receiving the bilingual incentive do not have to test again, unless they want to upgrade to the new three-pronged criteria and earn the increased compensation as outlined above.
B. Bilingual incentive will be calculated into overtime compensation when applicable.
C. Bilingual incentive pay will be reported as Special Compensation to CalPERS as applicable.
D. Administration: The Human Resources Department is responsible for administering the Bilingual Pay Policy. The Human Resources Department responsibilities shall also include a periodic review and report on the number and location of positions designated as bilingual.
(Revised: 04/27/2022)
APPENDIX B
City of Montebello, California
Policy & Procedures Manual
17 2.060.565 Bereavement Leave
Purpose
The purpose of this policy is to provide guidelines for the use of leave associated with bereavement of an immediate family member.
Policy
It is the policy of the City to provide “Bereavement Leave” to full-time city employees to attend to the details of, and to grieve the death of an immediate family member.
A. “Immediate family member” shall mean the employee’s parent, sibling, mother-in- law
, father -in-law, spouse or registered domestic partner, child, grandparent , grandchild (including “Step” family members).
B. Full-time City employees shall be eligible to utilize up to 3 workdays /1-full fire safety personnel shift of bereavement leave annually, that will not be charged against their accrued annual or sick leave.
C. In the event more than one request for use of bereavement leave per annuum is requested by a full-time employee, their request to utilize up to 3 workdays /1-full fire safety personnel shift may be approved.
1. In this event, the affected employee shall utilize either annual or sick leave they have accrued.
2. If the affected employee does not have sufficient accrued hours banked, they may be granted the leave without pay.
D. Part-time employees may be granted bereavement leave without pay following the same criteria as that of full-time employees.
Procedure
A. It shall be the responsibility of the affected employee to immediately notify their immediate supervisor of the need to utilize bereavement leave.
1. The immediate supervisor shall complete the necessary documentation to facilitate the use of bereavement leave.
APPENDIX B
City of Montebello, California
Policy & Procedures Manual
18 2. The immediate supervisor shall ensure the appropriate authorities are notified of the leave notification.
B. Upon return of the affected employee, any additional documentation and signatures shall be obtained.
C. In the event additional hours are requested, the affected employee shall make the request in writing providing the reasons for such need.
1. Upon receiving the request for additional hours, the immediate supervisor shall forward the request to the appointing authority with their recommendation.
2. Use of accrued annual or sick hours shall be utilized for any additional hours requested above the allotted bereavement leave.
Montebello Fire Management Association 48 hours/1 shift (Fire Battalion Chief & Deputy Fire Chief)
30 hours (Fire Marshal)
Montebello Firefighters’ Association 48 hours/1 shift
Montebello Police Management
Association
30 hours
Montebello Mid-Management Association 30 hours
Montebello Supervisors Association 30 hours
Montebello Police Officers’ Association 30 hours
Montebello City Employees’ Association 30 hours
Montebello Management Professionals’
Association
30 hours
Non Represented Full Time 30 hours
(Revised: 04/27/22)
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
19 2.060.227 Longevity Pay
Purpose
The purpose for longevity pay is to recognize long-term service employees that work for the City of Montebello.
Policy
The City will pay the agreed upon amount for longevity pay as adopted by City Council.
Procedure
Each department will keep track of their employees’ dates of service and eligibility for longevity pay. The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and each increase to the longevity pay tier based on the employees’ collective bargaining agreement.
MONTEBELLO POLICE MANAGEMENT ASSOCIATION
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full- time City of Montebello employees who are in either the MPMA unit or the MPOA unit as of July 1, 2019, all continuous service as an active, full-time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior laterals continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPMA unit members who join the MPMA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full- time sworn
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
20 police, police supervisory, or police management unit member shall count toward years of longevity.
B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 11 th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 7% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member' s Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20 th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
21 E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A , beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the MPMA unit member's remaining years of full- time City MPMA unit service, an MPMA unit member shall receive 13% of his/ her Base Salary as Longevity Pay (which shall be reported to Ca1PERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first (1st) full pay period after MOU adoption, for full-time City of Montebello employees who are in the MFMA unit, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, fire captain, or fire battalion chief shall count toward years of longevity.
Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:
A. A (4%) base salary increase at the completion of five (5) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 10th year.
B. The (4%) base salary increase shall be increased to a (7%) base salary increase at the completion of ten (10) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 15th year.
C. The (7%) base salary increase shall be increased to a (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full- time City of
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
22 Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.
D. The (10%) base salary increase shall be increased to a (13%) base salary increase at the completion of twenty (20) years aggregate active service as a full-time City of Montebello sworn personnel unit member which the unit member shall continue to receive for the unit member's remaining years of full- time City sworn personnel unit member service.
MONTEBELLO MID-MANAGEMENT ASSOCIATION
A. Beginning the first pay period after June 26, 2019, each MMMA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
23 D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO SUPERVISORS’ ASSOCIATION
A. Beginning the first pay period after May 15, 2019, each MSA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
24 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
A. Beginning the first pay period after April 22, 2019, each MCEA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 24th year
.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
25 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO FIREFIGHTERS’ ASSOCIATION
A. For longevity purposes only, the following shall count as LATERAL SWORN FIRE SERVCE:
For full-time City of Montebello employees who are in the MFA unit as of October 1, 2019, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, or fire captain shall count toward years of longevity.
Each unit member with ten (10) years aggregate service as a full-time sworn Fire Service unit member shall be eligible for longevity pay. Thereafter, each unit member who attains ten (10) years aggregate service as a full-time firefighter shall be eligible for longevity pay.
Longevity pay shall consist of:
B. Beginning with the first pay period after completion of ten (10) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 15th year of full-time City firefighter unit member service, the unit member shall receive 3% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
C. Beginning with the first pay period after completion of fifteen (15) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 20th year of full-time City firefighter unit member service, the unit member shall receive 4½% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
26 D. Beginning with the first pay period after completion of twenty (20) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 25th year of full-time City firefighter unit member service, the unit member shall receive 6% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
E. Beginning with the first pay period after completion of twenty-five (25) years aggregate active service as a full-time City firefighter unit member and continuing for the unit member’s remaining years of full-time City firefighter unit member service, the unit member shall receive 7.5% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
Current longevity rates, and definitions of qualifying law enforcement service for purpose of longevity, shall be modified as follows, effective July 1, 2019:
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full- time City of Montebello employees who are in the MPOA unit as of July 1, 2019, all continuous service as an active, full
- time City of Montebello law enforcement
department member, whether sworn or unsworn, plus any verifiable prior lateral continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPOA unit members who join the MPOA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
27 member, only verifiable prior lateral continuous service as a full- time sworn police, police supervisory, or police management unit member shall count toward years of longevity.
B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A. beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 11th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to Cal
PERS as special pay) in addition to the unit member's
Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member’s 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 7% of his/ her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
28 E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the unit member's remaining years of full-time City MPOA unit service, an MPOA unit member shall receive 13% of his/her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
FULL-TIME NON-REPRESENTED EMPLOYEES
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
A. Effective April 28, 2019, each non-represented full-time employee with ten (10) years of aggregate full-time City service shall be eligible for longevity pay.
Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
29 D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
(Revised: 04/27/2022
)
APPENDIX D
City of Montebello, California
Policy & Procedures Manual
30 2.060.517 Education Reimbursement Program
Purpose:
To define who and under what circumstances City employees may receive education reimbursement and to outline the procedure by which reimbursement may be obtained.
Policy:
A. Applications for education reimbursement must be from full-time, non-temporary, employees of the City. (Probationary employees will be considered eligible.) B. Course(s) selected must be of such a nature that it benefits the City and better enables the employee to carry out present duties and will prepare the employee for increased responsibilities and/or promotion. (An employee seeking a college degree will be eligible for reimbursement for those courses that qualify them for such degree.
However, the declared major must have reasonable relevance to the job.) C. Courses other than those qualifying for reimbursement under paragraph B may be approved for reimbursement under this policy with the prior approval of the Director of Human Resources and the City Administrator upon submission of justification by the Appointing Authority. However, costs associated with non-classroom thesis production courses are not subject to reimbursement.
D. Employees desiring reimbursement must attend such courses on their own time after work hours and must complete the course with a passing grade of at least "C" or equivalent.
E. Reimbursement will be made for tuition at rates specified in H below, books, fire certification, lab fees, and all other fees required to take a class or classes. Student body fees will be included; however, parking fees are excluded from reimbursement.
F. Should an employee separate from the City's service within one year after beginning any course reimbursed by the City, the cost of such course will be deducted from the employee's last paycheck. The Director of Human Resources shall be responsible for informing the Finance Department of any such amounts to be deducted.
APPENDIX D
City of Montebello, California
Policy & Procedures Manual
31 G. Approval will be limited to courses taken at accredited universities, state colleges and community colleges, approved correspondence courses, high school and adult education, technical and vocational schools.
H. Employees may attend any accredited or other institution approved by the City Manager or designee. However, education reimbursement rates are based on current California State University rates. A cap of $1,500 per fiscal year will be granted to each eligible employee, with the exception of members of the Montebello Police Officers’ Association who’s members have an annual maximum of $2,000.
I. Employees scheduled by the City to take specialized courses or special seminars on work time will not be subject to the requirements of this policy.
Procedure:
A. In order for an employee to be eligible to receive reimbursement for tuition, fees and books, or fire certification by the State Fire Marshal, he/she must acquire prior approval of the course(s) from the Department Head, the Director of Human Resources and City Manager by submitting the Course Approval Form. This form shall be returned to the Department Head upon approval by the Director of Human Resources and the City Manager.
B. Upon receiving verification of enrollment and grade or certification, with receipts for tuition and books or for fire certification, the Department Head will submit the Educational Reimbursement Application to the Director of Human Resources with the approved Course Approval Form and a Request to Issue a Warrant made out to the employee receiving the reimbursement. Documentation must be submitted within two months of class completion.
C. Upon timely receipt of these materials, the Director of Human Resources shall have the responsibility for processing the claim for reimbursement.
APPENDIX D
City of Montebello, California
Policy & Procedures Manual
32 (Prior Policy #V-B-25, 07/01/73; AUTHORITY: C/ADMIN)
(Revised: 07/28/21)
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
33 2.060.504 Employee Compensation and Benefits
Purpose
Is to provide a description of the City’s employee compensation and benefits packages.
Policy
It is the policy of the City to recognize the significant role that its workforce plays in fulfilling its public service mission. The City recognizes that maintaining a competitive compensation system is critical to its goal of delivering public services to its citizens.
Therefore, the City strives to provide compensation for its employees to attract qualified applicants, retain employees who are equally committed to public service, and motivate employees to maintain the highest standards of performance.
A. With this goal in mind, the City shall compensate employees in accordance with decisions made by Council as budgets are set. Pay for positions are subject to the annual budgetary process and current employee organization MOU’s; and as such, may be subject to increase, reduction, or status quo maintenance for fixed time periods.
B. TOTAL COMPENSATION PHILOSOPHY: The City is committed to providing a range of public services to its citizens by fostering an environment that embraces respect for the worth of each employee and to pursue the same towards its total compensation package that includes salary and benefits. The City’s philosophy is consistent across units with practices that may differ to meet the unique needs of division, department, employee classifications and performance. The City’s total compensation package is guided by the following principles:
1. The City’s total compensation package shall be reviewed against appropriately defined labor markets.
2. The City’s total compensation package shall comply with all applicable state and federal laws.
3. Salaries are managed through a simple, clear program that is consistent with the City’s strategic and organizational objectives.
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
34 C. The Council reserves the right to make budget adjustments, and consequently direct pay adjustments during the budget year in order to manage their fiscal responsibilities or deal with unforeseen circumstances that justify or require changes to City expenditures.
Procedure
A. Compensation (Salary) Schedules: All employee classifications shall receive a salary that is approved by City Council resolution each fiscal year.
B. Benefits: In coordination with employee organizations MOU’s, funding abilities, state and federal laws, and the City’s total compensation philosophy, the following benefits are afforded to the full-time employees of the City of Montebello:
C. HEALTH INSURANCE THROUGH PEMHCA
a. The City and the Association agree to contract for health benefits coverage through the Public Employees’ Retirement System under the Public Employees’ Medical Health Care Act (PEMHCA) Section 22751 et seq. of the Government Code.
D. HEALTH INSURANCE CITY CONTRIBUTION
a. Effective March 27, 2008, the City will contribute the following amounts toward full-time employees’ medical, dental & vision insurance:
COVERAGE TOTAL CITY
CONTRIBUTION)
1 Party Full coverage
2 Party $840.00
3 Party $1,090.00
b. Part-time employees who have become eligible for CalPERS membership and have worked 1000 hours in a fiscal year:
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
35 i. The contribution toward hourly EE's insurance who were eligible before 7/1/92 will be at the rate needed to fully pay 1 party coverage in the plan selected by the EE. For hourly EE who became eligible for insurance on or after 7/1/92 the City contribution toward the insurance package will be at the rate needed to pay 50% of one party coverage in the plan selected by the employee. [Res. 97-109] E. Medical Insurance Opt-out Incentive
a. An opt-out incentive is afforded to full-time and those hourly employees, who have benefits and were hired prior to 8/11/92, who decline the City's medical, dental and vision insurance package.
b. Proof of medical coverage elsewhere will be required annually to continue participation in the cash incentive program.
c. The monthly Medical Insurance Opt-Out incentive is $350.00 d. The monthly Medical Insurance Opt-Out incentive shall be computed when calculating overtime as applicable.
e. The monthly Medical Insurance Opt-Out incentive shall be reported as Special Compensation to CalPERS as applicable.
f. Employees who have an alternative source of health insurance must provide minimum essential health coverage pursuant to the U. S. Patient Protection and Affordable Care Act (ACA), and cover both the employee and all individuals in the employee' s expected tax family, if any. During open enrollment or as otherwise required by the City, the employee must each year provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage.
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
36 (Revised: 03/21/95; 07/28/21)
APPENDIX H
City of Montebello, California
Policy & Procedures Manual
37 2.060.528 Education Incentive Pay
Purpose
The Education Incentive Pay program rewards employees who take the initiative to increase their job worth by gaining job-related knowledge, behaviors, and personal and professional skills to significantly enhance their value to their department and the City.
Policy
The City will pay the agreed upon amount for education as agreed upon by City Council resolution.
Procedure
The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and the monthly amount based on the employees’ collective bargaining agreement.
MONTEBELLO POLICE MANAGEMENT ASSOCIATION
The City agrees to provide education incentive pay as follows:
Degree or Certificate Compensation
A.A. or Intermediate POST $250/month
B.A./B.S. or Advanced POST $400/month
The above education incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates. Instead, the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.
The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory or management POST certificate as follows:
Supervisory Certificate $150/month
Management Certificate $150/month
This supplemental educational incentive pay for possessing a supervisory and/or management POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or POST certificates as set forth above.
APPENDIX H
City of Montebello, California
Policy & Procedures Manual
38 MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first pay period after MFMA ratification and City Council adoption of this MOU, the City agrees to provide an education incentive to unit members as follows and such incentives shall supersede and replace previous education incentives provided to unit members:
A. $ 250/ month for Firefighter 1 Certificate or AA/AS or 60 units B. $ 400/ month for Firefighter II Certificate or BA/ BS or 120 units C. $ 600/ month for Company Officer Certificate
The aforementioned education incentives shall not be stackable or cumulative. The unit MFMA member is entitled to a maximum of one education incentive at a time.
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
The City agrees to increase education incentive pay as follows:
DEGREE OR CERTIFICATE INCREASE FROM INCREASE TO
A.A. or Intermediate POST $150/month $250/month
B.A./B.S. or Advanced POST $300/month $400/month
Supervisory $150/month
The above educational incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificate.
Instead, the total the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.
The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory POST certificate in the amount of $150/month. This supplemental educational incentive pay for possessing a supervisory POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or certificates as set forth above.
MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
MONTEBELLO MID-MANAGEMENT ASSOCIATION
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
UNREPRESENTED FULL-TIME EMPLOYEES
Full-time employees in the MCEA, MMMA, MSA, MMPA AND Unrepresented Full-time employees will receive an education incentive based on the highest completed degree. Degree incentive is not stackable.
Bachelor’s Degree $200.00 per month
Master’s or Doctoral Degree $400.00 per month
APPENDIX H
City of Montebello, California
Policy & Procedures Manual
39 Education Incentive pay will commence on the 1st day of the next month after submitting proof of Education to their department. The unit member’s department will submit a personnel action form to Human Resources for the education incentive pay to be added to the member’s salary.
(Revised: 04/27/2022)
ATTACHMENT C
RESOLUTION NO. 22-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPROVING A COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING AND THE TERMS AND CONDITIONS OF
EMPLOYMENT AFFECTING THE DESIGNATED MONTEBELLO MID -
MANAGEMENT ASSOCIATION (MMM A) EMPLOYEES F OR THE
PERIOD OF JANUARY 1, 2022 THROUGH JUNE 30, 2025
RECITALS
WHEREAS, the City of Montebello values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees, and
WHEREAS, representatives of the City and representatives of the bargaining unit named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and the M MMA have developed the Comprehensive Memorandum of Understanding (MOU) attached here (ATTACHMENT D).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1 : The MOU between the City of Montebello and the MMMA dated January 1, 2022 through June 30, 2025 and attached is hereby approved.
SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of April 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 22-24
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22- 24 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 27 th day of April 2022
and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT D
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MONTEBELLO
AND THE
MONTEBELLO MID-MANAGEMENT ASSOCIATION
FOR JANUARY 1, 2022 THROUGH JUNE 30, 2025
TABLE OF CONTENTS Page
PREAMBLE …………………………………………………………………………………………………………… 1
ARTICLE I IMPLEMENTATION……………………………….………………………………………………… 1 Section A. TERM……………………………………………………………………………………………….. 1 Section B. RECOGNITION……………………………………………………………………………………. 1 Section C. PROVISIONS OF LAW AND SEVERABILITY CLAUSE…………………………………….. 1 Section D. INCORPORATION OF CITY CODE, RULES, AND POLICIES……………………………... 1 Section E.
Section F.
CITY DEDUCTIONS AND DUES………………………………………………………………...
FULL UNDERSTANDING, MODIFICATION, AND WAIVER………………………………… 2 2
ARTICLE II COMPENSATION…………………………………………………………………………………. 2 Section A. SALARY RANGE INCREASES…………………………………………………………………. 2 Section B. ADMINISTRATIVE LEAVE PAY OUT………………………..……………………………….. 4 Section C. NIGHT SHIFT DIFFERENTIAL…..……………………………………………………………… 4 Section D. UNIFORM ALLOWANCE…………….………………………………………………………..…. 4 Section E. TOOL ALLOWANCE………….…………………………………………………………………... 5 Section F. OVERTIME COMPENSATION……..……………………………………………………………. 5 Section G. TRANSIT SUPERVISOR INCENTIVE PROGRAM.………………………………………….. 5 Section H. CERTIFICATION PAYS…..………………………………………………………………………. 5 ARTICLE III RETIREMENT……………………………………………………………………………………... 6 Section A. CALPERS RETIREMENT TIERS……………………………………………………………….. 6 Section B. EMPLOYEE CALPERS CONTRIBUTIONS…...……………………………………………….. 6 ARTICLE IV POST-RETIREMENT BENEFITS……………………………...………………………………… 7 Section A. CONTINUANCE OF 401 (A) (H) PLAN……………………………………………………….... 7 ARTICLE V LEAVE BANKS……………………………………………………………………………………. 7 Section A. ANNUAL LEAVE DISCONTINUATION…………..……………………………………………. 7 Section B. VACATION LEAVE ACCRUAL……..……..…...………………………………………………. 8 Section C. SICK LEAVE ACCRUAL….……………………………..…………………………………….... 9 Section D. HOLIDAY BANK………………………..……………………………………………..………….. 10 Section E. ADMINISTRATIVE LEAVE……………….………………………………………………………. 12
Section F. CTO BANK…………………………………………….………………………………………..… 12 ARTICLE VI MISCELLANEOUS PROVISIONS………………………………………………………………. 12 Section A. UNIT WORK SCHEDULES………………………………………………………………………. 12 Section B. FREE TRANSPORTATION………………………………………………………………………. 12 Section C GRIEVANCE PROCEDURE……………………………………………………………………… 12 Section D. DISCIPLINARY APPEAL PROCEDURE……………………………………………………….. 12 Section E. TRANSIT SUPERVISOR BIDDING PROCEDURE……………………………………………. 13 Section F. SOCIAL SECURITY……………………………………………………………………………….. 13 Section G. MANAGEMENT RIGHTS…………………………………………………………………………. 13 Section H. AVOIDANCE OF INEQUITIES…………………………………………………………………… 14 Section I. TOTAL COMPENSATION AND CLASSIFICATION STUDY………………………………… 14 Section J.
ARTICLE VII
SHARED AGREEMENT CLAUSE……………………………………………………………….
EFFECTIVE DATE AND TERM OF AGREEMENT……………………………………………
14 14
EXIHIBIT A LIST OF REPRESENTED CLASSIFICATIONS………………………………………….……. 15 APPENDIX A CITY POLICY – BILINGUAL PAY……………………………………………………………… 16 APPENDIX B CITY POLICY – BEREAVEMENT LEAVE ………………………………………………….… 19 APPENDIX C CITY POLICY – LONGEVITY PAY……………………………………………………………… 21 APPENDIX D CITY POLICY – EDUCATIONAL REIMBURSEMENT PROGRAMS……………………….. 32 APPENDIX E CITY POLICY – EMPLOYEE COMPENSATION AND BENEFITS….……………………… 35 APPENDIX F CITY POLICY – EDUCATION INCENTIVE PAY……………………………………………… 39
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
1 PREAMBLE
Pursuant to Government Code Section 3500 et seq., representatives of the City of Montebello (“City”) have met and conferred in good faith with representatives of the Montebello Mid- Management Association (MMMA), and have reached an agreement to recommend that the City Council take the actions identified in this comprehensive Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratification of this Comprehensive MOU by majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. This Comprehensive MOU supersedes Resolution 21- 31 ado
pted by the City Council on July 28,
2021, except as otherwise modified herein, existing wages, hours and other terms and c
onditions of employment shall remain in full force and effect.
ARTICLE I - IMPLEMENTATION
SECTION A TERM
Period Covered: Three and one-half (3 1/2) years. From 1/1/2022 to 6/30/2025.
SECTION B RECOGNITION
The Montebello Mid-Management Association (MMMA), is the exclusive representative of the employees of the LISTED IN EXHIBIT 1, a bargaining unit for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment.
SECTION C PROVISIONS OF LAW AND SEVERABILITY CLAUSE
Except as modified herein, all relevant federal, state, and local laws apply. Should any provisions of this MOU be found to be in violation of any law, rule or regulation, the remaining provisions will remain in full force and effect for the duration of this MOU.
SECTION D INCORPORATION OF
CITY CODE, RULES, AND POLICIES
This MOU memorializes changes in terms and conditions for members of the bargaining unit as well as modifications of certain existing City codes, rules, and policies.
Incorporation of prior MOU’s references to City code, rules, and policies have been adopted during “Meet and Confer” sessions and shall be considered adopted by reference in this MOU and include the following specific City policies:
a. 2.060.590 Bilingual Pay
b. 2.060.565 Bereavement Leave
c. 2.060.227 Longevity Pay
d. 2.060.517 Educational Reimbursement Programs
e. 2.0 60.504 Employee Compensation and Benefits
f. 2.060.528 Education Incentive Pay
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
2 Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.
SECTION E CITY DEDUCTIONS AND DUES
The City agrees to conduct dues deductions.
SECTION F FULL UNDERSTANDING, MODIFICATION AND WAIVER
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment covered by this Memorandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered incorporated, by reference, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement.
ARTICLE II –
COMPENSATION
SECTION A SALARY INCREASES
1. PLACEMENT ON NEW SALARY MATRIX
Positions covered under this MOU shall be placed on the new salary range (number) as follows:
Members covered under this MOU will be placed at the appropriate Step, within the new salary range, as noted in the salary tables below, that is closest to their current rate of pay
at the time of City Council approval of this MOU without being less than their current rate of pay.
Effective January 1, 2022:
Position Title New Range Number New Annual Salary Range Fleet Services Supervisor 22 $55,896 - $69,807
Transit Supervisor 26 $61,699 - $77,054
Warehouse Supervisor 26 $61,699 - $77,054
Management Analyst 26 $61,699 - $77,054
Transit Planner 26 $61,699 - $77,054
Finance Supervisor 32 $71,552 - $89,359
Senior Procurement Analyst 33 $73,341 - $91,593
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
3 Fleet Maintenance Supervisor 33 $73,341 - $91,593
Transit Assistant Manager 34 $75,175 - $93,883
Grants & Project Administrator 36 $78,980 - $98,636
Senior Management Analyst 36 $78,980 - $98,636
* See salary matrix attached
Effective the first full pay period in July 2022:
Position Title New Range Number New Annual Salary Range Fleet Services Supervisor 22 $55,896 - $69,807
Transit Supervisor 26 $61,699 - $77,054
Warehouse Supervisor 26 $61,699 - $77,054
Management Analyst 28 $64,823 - $80,955
Transit Planner 28 $64,823 - $80,955
Finance Supervisor 32 $71,552 - $89,359
Senior Procurement Analyst 33 $73,341 - $91,593
Fleet Maintenance Supervisor 33 $73,341 - $91,593
Transit Assistant Manager 34 $75,175 - $93,883
Grants & Project Administrator 36 $78,980 - $98,636
Senior Management Analyst 36 $78,980 - $98,636
* See salary matrix attached
Effective the first full pay period in July 2023:
Position Title New Range Number New Annual Salary Range Fleet Services Supervisor 22 $55,896 - $69,807
Transit Supervisor 26 $61,699 - $77,054
Warehouse Supervisor 26 $61,699 - $77,054
Management Analyst 30 $68,104 - $85,053
Transit Planner 30 $68,104 - $85,053
Finance Supervisor 32 $71,552 - $89,359
Senior Procurement Analyst 33 $73,341 - $91,593
Fleet Maintenance Supervisor 33 $73,341 - $91,593
Transit Assistant Manager 34 $75,175 - $93,883
Grants & Project Administrator 36 $78,980 - $98,636
Senior Management Analyst 36 $78,980 - $98,636
* See salary matrix attached
No employee will have their rate of pay decreased upon implementation of the new salary ranges.
Annual performance increases will remain on schedule for unit members who meet department expectations on their performance evaluation.
o
Management reserves the right to increase an employee’s salary by one (1) or two (2) Steps based on their performance evaluation. Any increase beyond two (2) steps must be authorized by the City Manager.
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
4 2. COST OF LIVING ADJUSTMENT (COLA)
Effective the first full pay period in July 2024, unit employees in all classifications shall receive a two percent (2.0%) salary adjustment.
Effective the first full pay period in July 2024:
Position Title New Range Number Salary Range with 2%
COLA
Fleet Services Supervisor 22 $57,014 - $71,203
Transit Supervisor 26 $62,933 - $78,595
Warehouse Supervisor 26 $62,933 - $78,595
Management Analyst 30 $69,467 - $86,754
Transit Planner 30 $69,467 - $86,754
Finance Supervisor 32 $72,983 - $91,146
Senior Procurement Analyst 33 $74,808 - $93,425
Fleet Maintenance Supervisor 33 $74,808 - $93,425
Transit Assistant Manager 34 $76,678 - $95,760
Grants & Project Administrator 36 $80,560 - $100,608
Senior Management Analyst 36 $80,560 - $100,608
* See salary range scale attached.
SECTION B ADMINISTRATIVE LEAVE PAY OUT
During the first pay period in January, upon posting of administrative leave hours, any unused administrative leave hours remaining from the previous calendar year will be automatically paid off at the current rate of pay.
SECTION C NIGHT SHIFT DIFFERENTIAL
Bargaining members will be eligible to receive night shift differential of five percent (5%). An employee shall qualify for night shift differential for any regularly assigned hours that are worked between 5:00 p.m. and 6:00 a.m.
SECTION D UNIFORM ALLOWANCE
1. Uniform allowance for Transit Superviso r is three hundred fifty dollars ($350) per fiscal year. The uniform allowance for Fleet Maintenance Supervisor and Fleet Services Supervisor is six hundred fifty dollars ($650) per fiscal year. The uniform allowance for Warehouse Supervisor is six hundred twenty-five dollars ($ 625) per fiscal year. This
allowance is paid the second pay period in August.
2. During the term of this contract the City will implement a program to provide all required uniforms to unit members, at such time the City will cease to provide the annual uniform allowance.
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
5 Prior to implementation the City will meet and confer with the Unit on the following:
Number of uniforms provided
Maintenance of uniforms
Repair and replacement protocols
Boot Allowance (where applicable)
Badges
SECTION E TOOL ALLOWANCE
Tool allowance for Fleet Maintenance Supervisor is six hundred dollars ($600) per fiscal year.
The Fleet Services Supervisor shall be entitled to tool allowance of six hundred dollars ($600) per fiscal year providing that the City determines that he/she has sufficient mechanic skills or a mechanic license.
This allowance is paid the second pay period in August.
SECTION F OVERTIME COMPENSATION
The City agrees to compensate Transit Supervisor at the rate of time-and-one-half for the following activities:
•
To cover the duties of a Transit Supervisor and/or Bus Operator in the event of a staffing shortage; and to cover for urgent and/or emergency related staffing needs. • Overtime shall be calculated in accordance with the Fair Labor Standards Act (FLSA) for all time actually worked in excess of forty (40) hours in a work week.
Overtime compensate does not extend to those instances when Transit Supervisors perform those duties described above within their regular work schedule.
SECTION G TRANSIT SUPERVISOR
INCENTIVE PROGRAM
The qualifying eligibility factors for the program will include, in part:
• A minimum of six (6) months employment with the City in the position of Transit Supervisor prior to the start of the evaluation period; •
No more than three (3) unscheduled absences during the 6-month evaluation period; • An excellent safety record, including no preventable/chargeable accidents during the 6- month evaluation period;
•
No disciplinary action issued during the 6-month evaluation period
The Transit Supervisor Incentive Program will not include a team incentive component.
Based on meeting all the criteria listed above over the prior six (6) month evaluation period employees will be awarded an incentive of five hundred dollars ($500). The evaluation period shall be from September through February, and from March to August of each year.
SECTION H CERTIFICATION PAYS
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
6 Full-time unit employees who possess and maintain additional certificates/licenses shall be eligible to receive twenty five dollars ($25.00) monthly per certificate, for up to a maximum of two (2) certificates/licenses or fifty dollars ($50.00) monthly. In no case, shall any affected unit member simultaneously receive compensation for more than two (2) certificates.
Employees will not
be permitted to stack more than two (2) certificates/licenses.
The Unit Member shall receive the additional compensation following authorization by the respective Department Director/Chief and the Director of Human Resources and IT.
The additional certification and licensure incentives only apply to certifications and licenses that:
o
Are not mandated to meet the classification’s minimum job requirement criteria; and
o Have an annual or bi-annual renewal process or examination.
An employee shall immediately notify their supervisor if they have lost their certification for any reason. Failure to maintain the appropriate certificate and provide annual proof of valid certificate/license will result in the loss of Certificate Pay.
The certificate incentive pay will commence on the 1 st day of the next month after obtaining authorization and submitting proof of certificate(s)/license(s). The unit member’s department will submit a personnel action form to Human Resources for the incentive pay to be added to the member’s salary.
ARTICLE III -
RETIREMENT
SECTION A CALPERS RETIREMENT TIERS
The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are two (2) tiers of the retirement benefit plan depending on date of hire and/or status as “new member”, as defined by Government Code, which define the employee contribution/cost sharing as follows:
Retirement Tier 1: Employees hired prior to January 1, 2013 or who are not “new members” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), Gov. Code §
§ 7533, et seq. These employees are also referred to as Classic CalPERS Members.
The current retirement formula is 2.7% at 55.
Retirement Tier 2: Employees Hired on or after January 1, 2013 and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as “new members” The current retirement formula is 2% at 62.
SECTION B EMPLOYEE CALPERS CONTRIBUTION
1. Classic CalPERS Members (as defined by CalPERS):
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
7 Classic CalPERS Members pay the 8% employee contributions toward their CalPERS pension.
2. CalPERS (PEPRA) Members (as defined by CalPERS):
New CalPERS (PEPRA) unit members, including each newly hired unit member, shall pay their obligatory "half the actuarial normal cost" of their pension benefit (as determined and regularly adjusted by CalPERS). The current normal cost obligation for each PEPRA unit member is 7%, with potential mandated upward adjustments thereafter as determined annually by CalPERS actuarial valuation reports. The City is prohibited by PEPRA from paying any portion of the member contribution for PEPRA members.
ARTICLE IV -
POST-RETIREMENT BENEFITS
SECTION A CONTINUANCE OF 401 (A) & (H) PLAN
In lieu of the Retiree Health Benefit, the City agrees to continue the 401 (a) (h) Plan, as outlined below:
401 (a) and (h) RETIREMENT BENEFIT
All recognized full time employees members will be enrolled in the established City of Montebello 401(a) and (h) retirement plan upon achieving their one year anniversary of employment with the City.
Vesting in the 401 (a) and (h) plan will occur at the employee’s members five (5) year anniversary of recognized full time employment with the city.
The monthly accrual rates for all qualified employees members will be determined by years of service with the City of Montebello and based upon the following schedule:
Years of City of Montebello Service Monthly Contribution Amount 1 year to 12 years $10
12 years to 16 years $50
16 years to 20 years $75
20 years to 24 years $100
24 years + $125
Years of service with the City of Montebello will include all years of service as a recognized full time employee, even if there has been a break in service to the City, with the exception that any employee who retired between November 1, 1999 and January 2, 2002, who returned to work for the City of Montebello returned as a new employee for the purposes of 401 (h) benefits.
Monthly contributions occur the 1st of each month.
There are no partial credits of monthly contributions for employees members separating from City service before the last day of the month of retirement.
ARTICLE V – LEAVE BANKS
SECTION A ANNUAL LEAVE DISCONTINUATION
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
8 Effective one full pay-period after the adoption of this MOU annual leave banks will be frozen and accruals will cease. All MMMA members will begin accruing the vacation/holiday/sick leave banks in lieu of annual leave as outlined in this MOU.
Employees shall have the option of converting accrued Annual Leave to cash on an hour for hour basis subject to the following: To cash out Annual Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Annual Leave hours in the following calendar year. The accrued Annual Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.
Frozen Annual Leave:
During the initial Annual leave cash out an employee must make an irrevocable election on or before December 31st to be paid out during the first full pay period in January 2023. The optional election to cash out up to one hundred twenty (120) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.
Effective December 2023, and thereafter, in no event shall the total Annual Leave hours cashed out exceed eighty (80) hours per year. The annual optional election to cash out up to eighty (80) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.
Annual Leave can be used upon approval by the Director/Chief based on the needs of the department.
Upon separation from the City, remaining annual leave hours will be paid out to the employee at the member’s current base rate of pay.
SECTION B VACATION LEAVE
ACCRUAL
1. Accrual and Cap: Employees covered under this MOU shall accrue vacation leave and shall have a maximum vacation accrual cap in the amounts listed below. Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service.
YEARS EMPLOYED (MONTHS) ACCRUAL PER PAY
PERIOD
ANNUAL ACCRUAL
ACCRUAL CAP
0 – 2 yrs (0 – 24 months)
3.07 hours 80 hours 160 hours
2 – 9 yrs (25 – 108 months)
4.62 hours 120 hours 240 hours
10 yrs (109 – 120 months)
4.92 hours 128 hours 256 hours
11 yrs (121 – 132 months)
5.23 hours 136 hours 272 hours
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
9 12 yrs (133 – 144 months)
5.54 hours 144 hours 288 hours
13 yrs (145 – 156 months)
5.846 hours 152 hours 304 hours
14 yrs (157 months & thereafter) 6.15 hours 160 hours 320 hours
2. Cash Out of Vacation Leave: Employees shall have the option of converting accrued Vacation Leave to cash on an hour for hour basis subject to the following: To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Vacation Leave hours in the following calendar year. The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.
All members with a minimum of eighty (80) hours of Vacation leave may elect to cash out up to forty (40) hours annually. The annual optional election to either cash out or to convert up to forty (40) hours of Vacation Leave to the City’s Deferred Compensation 457 plan shall be paid out at the member’s current base rate.
Other Rules:
Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service. An employee shall not be eligible to take annual vacation leave during the same year it is earned (CSR&R Rule XII, Section 214,i)
o City agrees to amend this Rule when CSR&Rs are updated. Accrued vacation leave will be paid out at separation at the employee’s current base rate of pay. Vacation hours will be considered hours worked when computing overtime.
SECTION C SICK LEAVE
ACCRUAL
1. Accrual and Cap: Employees covered under this MOU shall accrue sick leave and shall have a maximum sick leave accrual cap in the amounts listed below.
ACCRUAL PER PAY PERIOD ANNUAL ACCRUAL ACCRUAL CAP
3.692 96 1040
2. Sick leave may be utilized for:
Personal illness or injury of the employee;
Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that reside in the unit employee’s residence (in accordance with Labor Code §§ 233); Where an employee which is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230 © and 230.1(a); Cases of quarantine;
Where exposure to contagious diseases would endanger the health of other employees.
Other Rules:
Sick leave may be taken in increments of one-half (1/2) hour or more.
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
10 Sick leave may not be used for disapproved vacation leave.
For absences of over two (2) days, a medical certificate from a qualified physician may be required.
In order to receive compensation while absent on sick leave, except in an emergency or due to extenuating circumstances, the employee shall notify their immediate supervisor, at least one (1) hour prior to employee’s scheduled shift/start time. In an emergency, the employee shall report to their supervisor as soon as the situation reasonably allows.
** Sick hours will not be considered hours worked when computing overtime. ** After sick leave has been exhausted, employee may use earned vacation
SICK LEAVE CASH OUT OPTIONS AT SEPARATION
OPTON 1:
Payout at separation based on years of service
YEARS OF CONTINUOUS YEARS OF
MONTEBELLO SERVICE
PAY OUT AT SEPARATION UP TO 720
HOURS BASED ON YEARS OF
MONTEBELLO SERVICE
Less than five 0%
At least five but less than ten 25%
At least ten but less than fifteen 50%
At least fifteen but less than twenty 75%
Twenty or more 100%
OPTION 2 (AT RETIREMENT ONLY):
Sick Leave Conversion to Service Credit:
In accordance with Government Code Section 20965, the City will continue the process to evaluate the cost to amending its retirement contract with CalPERS to include the Sick Leave Conversion Benefit.
Upon amendment, employees would have the option to convert ALL unused sick leave hours to CalPERS service credit upon retirement from the City of Montebello.
SECTION D HOLIDAY BANK
Effective the first full pay period after the City Council’s adoption of this MOU, unit employees will receive a prorated bank of holiday hours, based on their work schedules (as stated below), for the remaining holidays occurring this calendar year.
Holiday Hour Bank Accrual/Cash Out
12 Holidays x# of regular
shift hours
Automatic cash out second (2nd)
pay period in January of each
calendar year
Holidays
1. NEW YEAR’S DAY - January 1st
2. MARTIN LUTHER KING, Jr. DAY- Third Monday in January
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
11 3. PRESIDENT’S DAY- Third Monday in February
4. MEMORIAL DAY- Last Monday in May
5. JUNETEENTH - June 19th
6. INDEPENDENCE DAY- July 4th
7. LABOR DAY- First Monday in September
8. COLUMBUS DAY/INDEGINOUS PEOPLE’S DAY- Second Monday in October
9. VETERAN’S DAY- November 11th
10. THANKSGIVING DAY- Fourth Thursday in November
11. DAY AFTER THANKSGIVING - Fourth Friday in November
12. CHRISTMAS DAY - December 25th
Annual Holiday Bank
In the pay period containing January 1st of each year, a holiday bank shall be established for each unit employee at the rate of twelve (12) full-day holidays which occurs during the calendar year. The bank of hours will correlate to the employees current shift schedule.
Shift schedule Holiday Hours Annually
4/10 schedule 120 hours
3/12 & 8 schedule 144 hours
9/80 schedule 108 hours
5/40 schedule 96 hours
Employees entering the unit during the calendar year shall have a pro-rated holiday bank established that contains all designated holidays remaining in the calendar year following their effective date of hire or entry into the unit.
Employee’s whose regular schedule work-day occurs on an observed holiday may use their holiday hours at the discretion of the managing department, subject to department rules and guidelines.
Cash Out of Remaining Holiday Hours
During the second (2nd) pay period in January of each calendar year, each unit employee shall receive a cash payment, for all remaining time in their holiday bank from the previous calendar year, at the current base pay.
There shall be no carryover of any unused holiday hours from one calendar year to another.
Observation of Holidays
Designated holidays shall be observed by the City on the actual date of the designated holiday. Designated holidays falling on an employee’s regular scheduled work-day will have holiday hours banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January, if unused.
Employees Separating from the City
Employees who leave City employment shall be paid a pro-rata amount of unused holiday time.
The separating employee shall be paid all unused holiday hours equivalent to the number of recognized City holidays that occur between January 1st and the date of the employee’s separation, at the current base rate of pay.
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
12 ** Holiday hours will not be considered hours worked when computing overtime.
** In order to receive holiday pay an employee shall work or have approved leave time off on his/her last scheduled shift immediately preceding the holiday, and his/her first scheduled shift immediately after the holiday.
SECTION E ADMINISTRATIVE LEAVE
MMMA members, excluding Transit Supervisors, will receive fifty (50) hours of Administrative Leave Pay per calendar year, posted during the first pay period each January.
SECTION F COMPENSATORY TIME OFF (CTO) BANK
The maximum number of compensatory time off (CTO) hours that may be accumulated by MMMA members is one hundred twenty (120) hours.
ARTICLE VI -
MISCELLANEOUS PROVISIONS
SECTION A UNIT WORK SCHEDULES
1. Members of this unit may be assigned to the following work schedules dependent on organizational need.
4/10 Work Schedule
9/80 Work Schedule
5/40 Work Schedule
2. Work Schedule Changes
Work schedule changes shall require a minimum of fourteen (14) calendar days’ notice, except in the case of an emergency as determined by management.
SECTION B FREE TRANSPORTATION
All MMMA employees, their spouses, and eligible dependent children are eligible to ride all Montebello Bus Lines buses free of charge.
SECTION C GRIEVANCE PROCEDURE
The City agrees the grievance procedure is fifteen (15) days between steps in the process. The employee filing the grievance may have a representative present at any step in the grievance process.
SECTION D DISCIPLINARY APPEAL PROCEDURE
Members of the MMMA bargaining unit who elect to appeal major discipline, not to include minor discipline, verbal or written reprimands, will be entitled to a full evidentiary hearing
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
13 before the City Manager, his/her designee or an impartial third party. If an impartial third party is chosen, the hearing officer shall be mutually agreed upon from a list provided by the State Mediation Service. The cost of the hearing shall be borne by the "non-prevailing" party. If there is no clear "non-prevailing" party, the cost of the hearing shall be shared. The finding of the City Manager, his/her designee, or the impartial third party shall be binding.
The City agrees to optional, non-binding mediation for disciplinary appeals.
Minor disciplinary appeals may be addressed through the City's existing grievance policy, Administrative Policy V-B-40 which pertains to full-time unclassified employees.
SECTION E TRANSIT SUPERVISOR BIDDING PROCEDURE
1. Transit Supervisor (TS) Shake-Ups are valid for a period of six months. TS, will bid for an assignment in order of seniority two weeks prior to the effective date of the bid implementation. All will be permitted to bid on their respective assignments based upon seniority.
2. TS schedules are created by the department in order to maximize the supervision of MBL’s bus operations. Details regarding shift changes to assignments as identified in this MOU will be posted sixty (60) days prior to the effective date of the Shake-Up. A proxy may be submitted to the scheduling supervisor, or via email.
3. Vacation Bid:
a. Vacation bids will be conducted every February, and will have two slots available per week. The vacation bid will be completed within three days as follows:
b.
Day one, 1st Round: Submit two (2) weeks
c. Day two, 2nd Round: Submit two (2) weeks
d. Day three, 3rd Round: Submit one (1) week
SECTION F SOCIAL SECURITY
The City and the members of the MMMA bargaining unit will each contribute 7.65% to Social Security.
SECTION G
MANAGEMENT RIGHTS
Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City including the establishing of rules, directives and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agreement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule
THE CITY OF MONTEBELLO MID-MANAGEMENT ASSOCIATION
14 working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with employment law; to make and enforce.
SECTION H AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall encompass but not limited: to adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Montebello, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.
SECTION I TOTAL COMPENSATION AND CLASSIFICATION STUDY
In order to preserve the integrity and currency of the staff classification and compensation structure, the City agrees to initiate a Total Compensation and Classification Study every five years.
SECTION J SHARED AGREEMENT CLAUSE
Nothing in this Agreement shall limit the Parties' ability to mutually agree, in writing, to implement different terms than those provided in this Agreement.
ARTICLE VII - EFFECTIVE DATE AND TERM OF AGREEMENT
This MOU shall be of no force and effect unless or until adopted by City Council. If adopted, the term of this MOU shall be for three and one-half (3 ½) years. From 1/1/2022
to 6/30/2025.
Abigail Marin Date
Montebello Mid-Management Association President
René Bobadilla Date
City Manager
EXHIBIT A
15 | P a g e
The Montebello Mid-Management Association
REPRESENTED CLASSIFICATIONS
Finance Supervisor
Fleet Maintenance Supervisor
Fleet Services Supervisor
Grants and Projects Administrator
Management Analyst
Senior Management Analyst
Senior Procurement Analyst
Transit Assistant Manager
Transit Supervisor
Transit Planner
Warehouse Supervisor
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
16 2.060.590 Bilingual Pay
Purpose
The purpose of this policy is to provide compensation guidelines for City employees that provide bilingual services to the residents and customers of the City of Montebello. This policy applies to only full-time employees.
Policy
It is the policy of the City to identify employees in positions designated as bilingual by the Director of Human Resources, that require, as a condition of employment, the performance of verbal and written bilingual skills, shall be entitled to Bilingual pay.
A. The City has identified and approved through demographical data the need for providing bilingual services in the following languages: Spanish, Russian, Chinese, Armenian, Korean, or Sign Language.
B. The Human Resources Department has identified and approved positions and level of required fluency in the second language that meet the operational needs of the City and its citizens.
C. The Human Resources Department shall contract with a third-party vendor to provide a testing system for compensating employees based on City needs.
Procedure
A. Employees must submit in writing a request to test for Bilingual Pay.
B. Employee must pass a bilingual proficiency test, in addition to any other job-related test requirement for a position.
C. Testing:
1. Bilingual proficiency will be determined by standardized competency tests contracted through a third-party vendor by Human Resources.
2. The Human Resources Department will communicate with the Department when an employee has passed the competency test, the employee’s
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
17 Department will submit a personnel action form for the incentive pay to begin on the 1st of the next month.
D. Compensation: Compensation shall be based on Bargaining Unit agreements:
Prior to May 2022:
Bargaining Unit Monthly Incentive
Montebello Firefighters’ Association $100
Montebello Fire Management Association $100
Montebello Police Officers’ Association $100
Montebello Police Management Association $100
Montebello Supervisors’ Association $80
Montebello Mid-Management Association $70
Montebello City Employees’ Association $80
Montebello Management Professionals’
Association
$80
Un-represented full-time $80
Effective July 1, 2022:
The Bilingual incentive will be based on the following criteria, and compensation for successfully passing an assessment for each (one language only):
o Speaking - $50.00 per month
o Writing - $50.00 per month
o Reading - $50.00 per month
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
18 A. Staff currently receiving the bilingual incentive do not have to test again, unless they want to upgrade to the new three-pronged criteria and earn the increased compensation as outlined above.
B. Bilingual incentive will be calculated into overtime compensation when applicable.
C. Bilingual incentive pay will be reported as Special Compensation to CalPERS as applicable.
D. Administration: The Human Resources Department is responsible for administering the Bilingual Pay Policy. The Human Resources Department responsibilities shall also include a periodic review and report on the number and location of positions designated as bilingual.
(Revised: 04/27/2022)
APPENDIX B
City of Montebello, California
Policy & Procedures Manual
19 2.060.565 Bereavement Leave
Purpose
The purpose of this policy is to provide guidelines for the use of leave associated with bereavement of an immediate family member.
Policy
It is the policy of the City to provide “Bereavement Leave” to full-time city employees to attend to the details of, and to grieve the death of an immediate family member.
A. “Immediate family member” shall mean the employee’s parent, sibling, mother-in- law
, father -in-law, spouse or registered domestic partner, child, grandparent , grandchild (including “Step” family members).
B. Full-time City employees shall be eligible to utilize up to 3 workdays /1-full fire safety personnel shift of bereavement leave annually, that will not be charged against their accrued annual or sick leave.
C. In the event more than one request for use of bereavement leave per annum is requested by a full-time employee, their request to utilize up to 3 workdays /1-full fire safety personnel shift may be approved.
1. In this event, the affected employee shall utilize either annual or sick leave they have accrued.
2. If the affected employee does not have sufficient accrued hours banked, they may be granted the leave without pay.
D. Part-time employees may be granted bereavement leave without pay following the same criteria as that of full-time employees.
Procedure
A. It shall be the responsibility of the affected employee to immediately notify their immediate supervisor of the need to utilize bereavement leave.
1. The immediate supervisor shall complete the necessary documentation to facilitate the use of bereavement leave.
APPENDIX B
City of Montebello, California
Policy & Procedures Manual
20 2. The immediate supervisor shall ensure the appropriate authorities are notified of the leave notification.
B. Upon return of the affected employee, any additional documentation and signatures shall be obtained.
C. In the event additional hours are requested, the affected employee shall make the request in writing providing the reasons for such need.
1. Upon receiving the request for additional hours, the immediate supervisor shall forward the request to the appointing authority with their recommendation.
2. Use of accrued annual or sick hours shall be utilized for any additional hours requested above the allotted bereavement leave.
Montebello Fire Management Association 48 hours/1 shift (Fire Battalion Chief & Deputy Fire Chief)
30 hours (Fire Marshal)
Montebello Firefighters’ Association 48 hours/1 shift
Montebello Police Management
Association
30 hours
Montebello Mid-Management Association 30 hours
Montebello Supervisors Association 30 hours
Montebello Police Officers’ Association 30 hours
Montebello City Employees’ Association 30 hours
Montebello Management Professionals’
Association
30 hours
Non Represented Full Time 30 hours
(Revised: 04/27/22)
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
21 2.060.227 Longevity Pay
Purpose
The purpose for longevity pay is to recognize long-term service employees that work for the City of Montebello.
Policy
The City will pay the agreed upon amount for longevity pay as adopted by City Council.
Procedure
Each department will keep track of their employees’ dates of service and eligibility for longevity pay. The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and each increase to the longevity pay tier based on the employees’ collective bargaining agreement.
MONTEBELLO POLICE MANAGEMENT ASSOCIATION
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full- time City of Montebello employees who are in either the MPMA unit or the MPOA unit as of July 1, 2019, all continuous service as an active, full-time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior laterals continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPMA unit members who join the MPMA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full- time sworn
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
22 police, police supervisory, or police management unit member shall count toward years of longevity.
B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 11 th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 7% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member' s Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20 th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
23 E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A , beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the MPMA unit member's remaining years of full- time City MPMA unit service, an MPMA unit member shall receive 13% of his/ her Base Salary as Longevity Pay (which shall be reported to Ca1PERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first (1st) full pay period after MOU adoption, for full-time City of Montebello employees who are in the MFMA unit, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, fire captain, or fire battalion chief shall count toward years of longevity.
Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:
A. A (4%) base salary increase at the completion of five (5) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 10th year.
B. The (4%) base salary increase shall be increased to a (7%) base salary increase at the completion of ten (10) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 15th year.
C. The (7%) base salary increase shall be increased to a (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full- time City of
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
24 Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.
D. The (10%) base salary increase shall be increased to a (13%) base salary increase at the completion of twenty (20) years aggregate active service as a full-time City of Montebello sworn personnel unit member which the unit member shall continue to receive for the unit member's remaining years of full- time City sworn personnel unit member service.
MONTEBELLO MID-MANAGEMENT ASSOCIATION
A. Beginning the first pay period after June 26, 2019, each MMMA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
25 D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO SUPERVISORS’ ASSOCIATION
A. Beginning the first pay period after May 15, 2019, each MSA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
26 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
A. Beginning the first pay period after April 22, 2019, each MCEA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 24th year
.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
27 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO FIREFIGHTERS’ ASSOCIATION
A. For longevity purposes only, the following shall count as LATERAL SWORN FIRE SERVCE:
For full-time City of Montebello employees who are in the MFA unit as of October 1, 2019, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, or fire captain shall count toward years of longevity.
Each unit member with ten (10) years aggregate service as a full-time sworn Fire Service unit member shall be eligible for longevity pay. Thereafter, each unit member who attains ten (10) years aggregate service as a full-time firefighter shall be eligible for longevity pay.
Longevity pay shall consist of:
B. Beginning with the first pay period after completion of ten (10) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 15th year of full-time City firefighter unit member service, the unit member shall receive 3% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
C. Beginning with the first pay period after completion of fifteen (15) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 20th year of full-time City firefighter unit member service, the unit member shall receive 4½% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
28 D. Beginning with the first pay period after completion of twenty (20) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 25th year of full-time City firefighter unit member service, the unit member shall receive 6% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
E. Beginning with the first pay period after completion of twenty-five (25) years aggregate active service as a full-time City firefighter unit member and continuing for the unit member’s remaining years of full-time City firefighter unit member service, the unit member shall receive 7.5% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
Current longevity rates, and definitions of qualifying law enforcement service for purpose of longevity, shall be modified as follows, effective July 1, 2019:
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full- time City of Montebello employees who are in the MPOA unit as of July 1, 2019, all continuous service as an active, full
- time City of Montebello law enforcement
department member, whether sworn or unsworn, plus any verifiable prior lateral continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPOA unit members who join the MPOA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
29 member, only verifiable prior lateral continuous service as a full- time sworn police, police supervisory, or police management unit member shall count toward years of longevity.
B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A. beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 11th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to Cal
PERS as special pay) in addition to the unit member's
Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member’s 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 7% of his/ her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
30 E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the unit member's remaining years of full-time City MPOA unit service, an MPOA unit member shall receive 13% of his/her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
FULL-TIME NON-REPRESENTED EMPLOYEES
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
A. Effective April 28, 2019, each non-represented full-time employee with ten (10) years of aggregate full-time City service shall be eligible for longevity pay.
Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
APPENDIX C
City of Montebello, California
Policy & Procedures Manual
31 D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
(Revised: 04/27/2022
)
APPENDIX D
City of Montebello, California
Policy & Procedures Manual
32 2.060.517 Education Reimbursement Program
Purpose:
To define who and under what circumstances City employees may receive education reimbursement and to outline the procedure by which reimbursement may be obtained.
Policy:
A. Applications for education reimbursement must be from full-time, non-temporary, employees of the City. (Probationary employees will be considered eligible.) B. Course(s) selected must be of such a nature that it benefits the City and better enables the employee to carry out present duties and will prepare the employee for increased responsibilities and/or promotion. (An employee seeking a college degree will be eligible for reimbursement for those courses that qualify them for such degree.
However, the declared major must have reasonable relevance to the job.) C. Courses other than those qualifying for reimbursement under paragraph B may be approved for reimbursement under this policy with the prior approval of the Director of Human Resources and the City Administrator upon submission of justification by the Appointing Authority. However, costs associated with non-classroom thesis production courses are not subject to reimbursement.
D. Employees desiring reimbursement must attend such courses on their own time after work hours and must complete the course with a passing grade of at least "C" or equivalent.
E. Reimbursement will be made for tuition at rates specified in H below, books, fire certification, lab fees, and all other fees required to take a class or classes. Student body fees will be included; however, parking fees are excluded from reimbursement.
F. Should an employee separate from the City's service within one year after beginning any course reimbursed by the City, the cost of such course will be deducted from the employee's last paycheck. The Director of Human Resources shall be responsible for informing the Finance Department of any such amounts to be deducted.
APPENDIX D
City of Montebello, California
Policy & Procedures Manual
33 G. Approval will be limited to courses taken at accredited universities, state colleges and community colleges, approved correspondence courses, high school and adult education, technical and vocational schools.
H. Employees may attend any accredited or other institution approved by the City Manager or designee. However, education reimbursement rates are based on current California State University rates. A cap of $1,500 per fiscal year will be granted to each eligible employee, with the exception of members of the Montebello Police Officers’ Association who’s members have an annual maximum of $2,000.
I. Employees scheduled by the City to take specialized courses or special seminars on work time will not be subject to the requirements of this policy.
Procedure:
A. In order for an employee to be eligible to receive reimbursement for tuition, fees and books, or fire certification by the State Fire Marshal, he/she must acquire prior approval of the course(s) from the Department Head, the Director of Human Resources and City Manager by submitting the Course Approval Form. This form shall be returned to the Department Head upon approval by the Director of Human Resources and the City Manager.
B. Upon receiving verification of enrollment and grade or certification, with receipts for tuition and books or for fire certification, the Department Head will submit the Educational Reimbursement Application to the Director of Human Resources with the approved Course Approval Form and a Request to Issue a Warrant made out to the employee receiving the reimbursement. Documentation must be submitted within two months of class completion.
C. Upon timely receipt of these materials, the Director of Human Resources shall have the responsibility for processing the claim for reimbursement.
APPENDIX D
City of Montebello, California
Policy & Procedures Manual
34 (Prior Policy #V-B-25, 07/01/73; AUTHORITY: C/ADMIN)
(Revised: 07/28/21)
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
35 2.060.504 Employee Compensation and Benefits
Purpose
Is to provide a description of the City’s employee compensation and benefits packages.
Policy
It is the policy of the City to recognize the significant role that its workforce plays in fulfilling its public service mission. The City recognizes that maintaining a competitive compensation system is critical to its goal of delivering public services to its citizens.
Therefore, the City strives to provide compensation for its employees to attract qualified applicants, retain employees who are equally committed to public service, and motivate employees to maintain the highest standards of performance.
A. With this goal in mind, the City shall compensate employees in accordance with decisions made by Council as budgets are set. Pay for positions are subject to the annual budgetary process and current employee organization MOU’s; and as such, may be subject to increase, reduction, or status quo maintenance for fixed time periods.
B. TOTAL COMPENSATION PHILOSOPHY: The City is committed to providing a range of public services to its citizens by fostering an environment that embraces respect for the worth of each employee and to pursue the same towards its total compensation package that includes salary and benefits. The City’s philosophy is consistent across units with practices that may differ to meet the unique needs of division, department, employee classifications and performance. The City’s total compensation package is guided by the following principles:
1. The City’s total compensation package shall be reviewed against appropriately defined labor markets.
2. The City’s total compensation package shall comply with all applicable state and federal laws.
3. Salaries are managed through a simple, clear program that is consistent with the City’s strategic and organizational objectives.
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
36 C. The Council reserves the right to make budget adjustments, and consequently direct pay adjustments during the budget year in order to manage their fiscal responsibilities or deal with unforeseen circumstances that justify or require changes to City expenditures.
Procedure
A. Compensation (Salary) Schedules: All employee classifications shall receive a salary that is approved by City Council resolution each fiscal year.
B. Benefits: In coordination with employee organizations MOU’s, funding abilities, state and federal laws, and the City’s total compensation philosophy, the following benefits are afforded to the full-time employees of the City of Montebello:
C. HEALTH INSURANCE THROUGH PEMHCA
a. The City and the Association agree to contract for health benefits coverage through the Public Employees’ Retirement System under the Public Employees’ Medical Health Care Act (PEMHCA) Section 22751 et seq. of the Government Code.
D. HEALTH INSURANCE CITY CONTRIBUTION
a. Effective March 27, 2008, the City will contribute the following amounts toward full-time employees’ medical, dental & vision insurance:
COVERAGE TOTAL CITY
CONTRIBUTION)
1 Party Full coverage
2 Party $840.00
3 Party $1,090.00
b. Part-time employees who have become eligible for CalPERS membership and have worked 1000 hours in a fiscal year:
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
37 i. The contribution toward hourly EE's insurance who were eligible before 7/1/92 will be at the rate needed to fully pay 1 party coverage in the plan selected by the EE. For hourly EE who became eligible for insurance on or after 7/1/92 the City contribution toward the insurance package will be at the rate needed to pay 50% of one party coverage in the plan selected by the employee. [Res. 97-109] E. Medical Insurance Opt-out Incentive
a. An opt-out incentive is afforded to full-time and those hourly employees, who have benefits and were hired prior to 8/11/92, who decline the City's medical, dental and vision insurance package.
b. Proof of medical coverage elsewhere will be required annually to continue participation in the cash incentive program.
c. The monthly Medical Insurance Opt-Out incentive is $350.00 d. The monthly Medical Insurance Opt-Out incentive shall be computed when calculating overtime as applicable.
e. The monthly Medical Insurance Opt-Out incentive shall be reported as Special Compensation to CalPERS as applicable.
f. Employees who have an alternative source of health insurance must provide minimum essential health coverage pursuant to the U. S. Patient Protection and Affordable Care Act (ACA), and cover both the employee and all individuals in the employee' s expected tax family, if any. During open enrollment or as otherwise required by the City, the employee must each year provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage.
APPENDIX E
City of Montebello, California
Policy & Procedures Manual
38 (Revised: 03/21/95; 07/28/21)
APPENDIX F
City of Montebello, California
Policy & Procedures Manual
39 2.060.528 Education Incentive Pay
Purpose
The Education Incentive Pay program rewards employees who take the initiative to increase their job worth by gaining job-related knowledge, behaviors, and personal and professional skills to significantly enhance their value to their department and the City.
Policy
The City will pay the agreed upon amount for education as agreed upon by City Council resolution.
Procedure
The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and the monthly amount based on the employees’ collective bargaining agreement.
MONTEBELLO POLICE MANAGEMENT ASSOCIATION
The City agrees to provide education incentive pay as follows:
Degree or Certificate Compensation
A.A. or Intermediate POST $250/month
B.A./B.S. or Advanced POST $400/month
The above education incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates. Instead, the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.
The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory or management POST certificate as follows:
Supervisory Certificate $150/month
Management Certificate $150/month
This supplemental educational incentive pay for possessing a supervisory and/or management POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or POST certificates as set forth above.
APPENDIX F
City of Montebello, California
Policy & Procedures Manual
40 MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first pay period after MFMA ratification and City Council adoption of this MOU, the City agrees to provide an education incentive to unit members as follows and such incentives shall supersede and replace previous education incentives provided to unit members:
A. $ 250/ month for Firefighter 1 Certificate or AA/AS or 60 units B. $ 400/ month for Firefighter II Certificate or BA/ BS or 120 units C. $ 600/ month for Company Officer Certificate
The aforementioned education incentives shall not be stackable or cumulative. The unit MFMA member is entitled to a maximum of one education incentive at a time.
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
The City agrees to increase education incentive pay as follows:
DEGREE OR CERTIFICATE INCREASE FROM INCREASE TO
A.A. or Intermediate POST $150/month $250/month
B.A./B.S. or Advanced POST $300/month $400/month
Supervisory $150/month
The above educational incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificate.
Instead, the total the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.
The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory POST certificate in the amount of $150/month. This supplemental educational incentive pay for possessing a supervisory POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or certificates as set forth above.
MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
MONTEBELLO MID-MANAGEMENT ASSOCIATION
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
UNREPRESENTED FULL-TIME EMPLOYEES
Full-time employees in the MCEA, MMMA, MSA, MMPA AND Unrepresented Full-time employees will receive an education incentive based on the highest completed degree. Degree incentive is not stackable.
Bachelor’s Degree $200.00 per month
Master’s or Doctoral Degree $400.00 per month
APPENDIX F
City of Montebello, California
Policy & Procedures Manual
41 Education Incentive pay will commence on the 1st day of the next month after submitting proof of Education to their department. The unit member’s department will submit a personnel action form to Human Resources for the education incentive pay to be added to the member’s salary.
(Revised: 04/27/2022)
ATTACHMENT E
RESOLUTION NO. 22-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPROVING A COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING AND THE TERMS AND CONDITIONS OF
EMPLOYMENT AFFECTING THE DESIGNATED MONTEBELLO CITY
EMPLOYEES’ ASSOCIATION (MCEA) EMPLOYEES FOR THE PERIOD
OF JANUARY 1, 2022 THROUGH JUNE 30, 2025
RECITALS
WHEREAS, the City of Montebello values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees, and
WHEREAS, representatives of the City and representatives of the bargaining unit named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and the M CEA have developed the Comprehensive Memorandum of Understanding (MOU) attached here (ATTACHMENT F).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1 : The MOU between the City of Montebello and the M CEA dated January 1, 2022 through June 30, 2025 and attached is hereby approved.
SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of April 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 22-26
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22- 26 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 27 th day of April 2022
and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT F
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MONTEBELLO
AND
MONTEBELLO CITY EMPLOYEE ASSOCIATION
FOR JANUARY 1, 2022 THROUGH JUNE 30, 2025
ATTACHMENT F
TABLE OF CONTENTS Page
PREAMBLE …………………………………………………………………………………………………………… 1
ARTICLE I IMPLEMENTATION……………………………….………………………………………………… 1 Section A. TERM……………………………………………………………………………………………….. 1 Section B. RECOGNITION……………………………………………………………………………………. 1 Section C. PROVISIONS OF LAW AND SEVERABILITY CLAUSE…………………………………….. 1 Section D. INCORPORATION OF CITY CODE, RULES, AND POLICIES……………………………... 1 Section E.
Section F.
Section G.
CITY DEDUCTIONS AND DUES………………………………………………………………...
EMPLOYEE LISTS………………………………………………………………………………...
FULL UNDERSTANDING, MODIFICATION AND WAIVER…………………………………. 2 2
2 ARTICLE II COMPENSATION…………………………………………………………………………………. 2 Section A. SALARY RANGE INCREASES…………………………………………………………………. 2 Section B. STAND-BY PAY...………………………………………………………………………………… 7 Section C. ASSIGNMENT PAY………………………………………………………………………………. 7 Section D. UNIFORM ALLOWANCE…………..…………………………………………………………….. 7 Section E. SHIFT DIFFERENTIAL…………………..…………………………………………………….…. 8 Section F. CERTIFICATE PAY..……….…………………………………………………………………….. 8 ARTICLE III RETIREMENT……………………………………………………………………………………... 9 Section A. CALPERS RETIREMENT TIERS……………………………………………………………….. 9 Section B. EMPLOYEE CALPERS CONTRIBUTIONS…...……………………………………………….. 9 ARTICLE IV POST-RETIREMENT BENEFIT PROVISIONS……………...………………………………… 9 Section A. RETIREE HEALTH BENEFITS…………………………...……………………………………... 9 ARTICLE V LEAVE BANKS………..…………………………………………………………………………… 10 Section A. ANNUAL LEAVE DISCONTINUATION…………………………………………….……….…. 10 Section B. VACATION LEAVE ACCRUAL………….……………………………………………….…….. 11 Section C. SICK LEAVE ACCRUAL……………………………………………………………………….... 11 Section D. HOLIDAY BANK………………….……………………………………………………………….. 12
ATTACHMENT F
Section E. CTO BANK…….…………………………………………………………………………………… 14 ARTICLE VI MISCELLANEOUS PROVISIONS………………………………………………………………. 14 Section A. PROTECTIVE EQUIPMENT……………………………………………………………………… 14 Section B. PERSONAL LEAVE………………………………………………………………………………. 14 Section C. EMPLOYEE STATUS…………………………………………………………………………….. 14 Section D. UNIT WORK SCHEDULES………………………………………………………………………. 14 Section E. DISCIPLINARY APPEAL PROCEDURE……………………………………………………….. 15 Section F. JOINT-LABOR MANAGEMENT COMMITTEE………………………………………………… 15 Section G. MANAGEMENT RIGHTS…………………………………………………………………………. 15 Section H. AVOIDANCE OF INEQUITIES…………………………………………………………………… 16 ARTICLE VII EFFECTIVE DATE AND TERM OF AGREEMENT…………………………………………… 16 EXHIBIT A LIST OF REPRESENTED CLASSIFICATIONS………………………………………….……. 17 APPENDIX A CITY POLICY – BILINGUAL PAY………………………………………………………………. 19 APPENDIX B CITY POLICY – BEREAVEMENT LEAVE ………………………………………………….…. 22 APPENDIX C CITY POLICY – LONGEVITY PAY…………………………………………………………….... 24 APPENDIX D CITY POLICY – EDUCATIONAL REIMBURSEMENT PROGRAMS……………………….. 35 APPENDIX E CITY POLICY – EMPLOYEE COMPENSATION AND BENEFITS………………………….. 38 APPENDIX F CITY POLICY – JURY DUTY…………………………………………………………………….. 42 APPENDIX G CITY POLICY – EDUCATION INCENTIVE PAY…………………..………………………….. 44
THE CITY OF MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
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PREAMBLE
Pursuant to Government Code Section 3500 et seq., representatives of the City of Montebello (“City”) have met and conferred in good faith with representatives of the Montebello City Employees' Association (MCEA) , and have reached an agreement to recommend that the City Council take the actions identified in this successor Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratification of this Comprehensive MOU by majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. This Comprehensive MOU supersedes Resolution 21
-67 adopted by the City Council on July 28, 2021, except as otherwise modified herein, existing wages, hours and other terms and conditions of employment shall remain in full force and effect.
ARTICLE I – IMPLEMENTATION
SECTION A TERM
Period Covered. Three and one-half (3 ½) years. From 1/1/2022 to 6/30/2025.
SECTION B RECOGNTION
The Montebello City Employees' Association (MCEA) , is the exclusive representative of the employees in the general bargaining unit currently of the listed in EXHIBIT A; a bargaining unit for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment.
SECTION C PROVISIONS
OF LAW AND SEVERABILITY CLAUSE
Except as modified herein, all relevant federal, state, and local laws apply. Should any provisions of this MOU be found to be in violation of any law, rule or regulation, the remaining provisions will remain in full force and effect for the duration of this MOU.
SECTION D INCORPORATION OF
CITY CODE, RULES, AND POLICIES
This MOU memorializes changes in terms and conditions for members of the bargaining unit as well as modifications of certain existing City codes, rules, and policies.
Incorporation of prior MOU’s references to City code, rules, and policies have been adopted during “Meet and Confer” sessions and shall be considered adopted by reference in this MOU and remain in effect except as specifically modified herein. This includes the following specific City policies:
a. 2.060.590 Bilingual Pay
b.
2.060.565 Bereavement Leave
c. 2.060.227 Longevity Pay
d. 2.060.517 Educational Reimbursement Programs
e. 2.060.504 Employee Compensation and Benefits
f. 2.060.516 Jury Duty Compensation
g. 2.060.528 Education Incentive Pay
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Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.
SECTION E CITY DEDUCTIONS AND DUES
The City agrees to conduct dues deductions.
SECTION F EMPLOYEE LISTS
The City will provide the Association with the necessary contact information about bargaining unit members to allow Association to conduct Association business on behalf of those members.
SECTION G FULL UNDERSTANDING, MODIFICATION AND WAIVER
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment covered by this Memorandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered incorporated, by reference, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement.
ARTICLE II –
COMPENSATION
SECTION A SALARY RANGE INCREASES
1. PLACEMENT ON NEW SALARY MATRIX
Positions covered under this MOU shall be placed on the new salary range (number) as follows, effective on the dates noted below.
Members covered under this MOU will be placed at the appropriate Step, within the new salary range, as noted in the tables below, that is closest to their current rate of pay at the time of City Council approval of this MOU, without being less than their current rate of pay.
Effective January
01, 2022:
Position Title New Range Number New Annual Salary Range Administrative Assistant 5 $36,735 – $45,877
Custodian 6 37,653 – 47,024
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Account Clerk 7 $38,595 – $48,199
Police Records Technician 8 $39,559 – $49,404
Maintenance Worker 8 $39,559 – $49,404
Code Enforcement Coordinator 10 $41,562 – $51,905
Business License Technician 10 $41,562 – $51,905
Building Maintenance Trade Worker I 10 $41,562 – $51,905 Court Liaison 12 $43,666 – $54,533
Parking Control Officer 12 $43,666 – $54,533
Community Services Coordinator 12 $43,666 – $54,533
Finance Technician 12 $43,666 – $54,533
Risk Management Assistant 12 $43,666 – $54,533
Building Maintenance Trade Worker II 13 $44,758 – $55,896 Property & Evidence Technician I 15 $47,024 – $58,726
Police Community Services Officer 16 $48,199 – $60,194
Permit Technician 16 $48,199 – $60,194
Police Trainee 16 $48,199 – $60,194
Information Systems Technician 18 $50,639 – $63, 242
Senior Finance Technician 20 $53,203 – $66,443
Senior Permit Technician 21 $54,533 – $68,104
Community Outreach Specialist 21 $54,533 – $68,104
Fire Inspector 21 $54,533 – $68,104
Engineering Technician 22 $55,896 – $69,807
Police Dispatcher I 22 $55,896 – $69,807
Lead Finance Technician 22 $55,896 – $69,807
Code Enforcement Officer 22 $55,896 – $69,807
Property & Evidence Technician II 23 $57,294 – $71,552
Public Information Coordinator 24 $58,726 – $73,341
Building Inspector 24 $58,726 – $73,341
Accountant 25 $60,194 – $75,175
Assistant Planner 25 $60,194 – $75,175
Economic Development Coordinator 26 $61,699 – $77,054
Public Works Inspector 26 $61,699 – $77,054
Police Dispatcher II 27 $63,242 – $78,980
Public Safety Radio Technician 30 $68,104 – $85,053
Information Systems Analyst 30 $68,104 – $85,053
Community Risk Reduction
Coordinator
32 $71,552 – $89,359
Crime Analyst 32 $71,552 – $89,359
Assistant Engineer 33 $73,341 – $91,593
Senior Accountant 35 $75,175 – $93,883
* See salary matrix attached
Effective the first full pay period of July 2022:
Position Title New Range Number New Annual Salary Range Administrative Assistant 5 $36,735 – $45,877
Custodian 7 $38,595 – $48,199
Account Clerk 7 $38,595 – $48,199
Police Records Technician 9 $40,548 – $50,639
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Maintenance Worker 10 $41,562 – $51,905
Code Enforcement Coordinator 10 $41,562 – $51,905
Business License Technician 11 $42,601 – $53,203
Building Maintenance Trade Worker I 11 $42,601 – $53,203 Court Liaison 12 $43,666 – $54,533
Parking Control Officer 12 $43,666 – $54,533
Risk Management Assistant 12 $43,666 – $54,533
Community Services Coordinator 13 $44,758 – $55,896
Finance Technician 14 $45,877 – $57,294
Building Maintenance Trade Worker II 14 $45,877 – $57,294 Property & Evidence Technician I 18 $50,639 – $63,242
Police Community Services Officer 16 $48,199 – $60,194
Permit Technician 17 $49,404 – $61,699
Police Trainee 21 $54,533 – $68,104
Information Systems Technician 18 $50,639 – $63,242
Senior Finance Technician 21 $54,533 – $68,104
Senior Permit Technician 21 $54,533 – $68,104
Community Outreach Specialist 21 $54,533 – $68,104
Fire Inspector 21 $54,533 – $68,104
Engineering Technician 22 $55,896 – $69,807
Police Dispatcher I 22 $55,896 – $69,807
Lead Finance Technician 23 $57,294 – $71,552
Code Enforcement Officer 25 $60,194 – $75,175
Property & Evidence Technician II 23 $57,294 – $71,552
Public Information Coordinator 24 $58,726 – $73,341
Building Inspector 26 $61,699 – $77,054
Accountant 26 $61,699 – $77,054
Assistant Planner 27 $63,242 – $78,980
Economic Development Coordinator 26 $61,699 – $77,054
Public Works Inspector 27 $63,242 – $78,980
Police Dispatcher II 27 $63,242 – $78,980
Public Safety Radio Technician 30 $68,104 – $85,053
Information Systems Analyst 34 $75,175 – $93,883
Community Risk Reduction Coordinator 32 $71,552 – $89,359 Crime Analyst 32 $71,552 – $89,359
Assistant Engineer 33 $73,341 – $91,593
Senior Accountant 35 $77,054 – $96,230
* See salary matrix attached
Effective the first full pay period of July 2023:
Position Title New Range Number New Annual Salary Range Administrative Assistant 5 $36,735 – $45,877
Custodian 7 $38,595 – $48,199
Account Clerk 7 $38,595 – $48,199
Police Records Technician 10 $41,562 – $51,905
Maintenance Worker 10 $41,562 – $51,905
Code Enforcement Coordinator 10 $41,562 – $51,905
Business License Technician 12 $43,666 – $54,533
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Building Maintenance Trade Worker I 13 $44,758 – $55,896 Court Liaison 12 $43,666 – $54,533
Parking Control Officer 12 $43,666 – $54,533
Risk Management Assistant 12 $43,666 – $54,533
Community Services Coordinator 13 $44,758 – $55,896
Finance Technician 16 $48,199 – $60,194
Building Maintenance Trade Worker II 16 $48,199 – $60,194 Property & Evidence Technician I 20 $53,203 – $66,443
Police Community Services Officer 16 $48,199 – $60,194
Permit Technician 18 $50,639 – $63,242
Police Trainee 24 $58,726 – $73,341
Information Systems Technician 18 $50,639 – $63,242
Senior Finance Technician 22 $55,896 – $69,807
Senior Permit Technician 21 $54,533 – $68,104
Community Outreach Specialist 21 $54,533 – $68,104
Fire Inspector 21 $54,533 – $68,104
Engineering Technician 22 $55,896 – $69,807
Police Dispatcher I 22 $55,896 – $69,807
Lead Finance Technician 24 $58,726 – $73,341
Code Enforcement Officer 27 $63,242 – $78,980
Property & Evidence Technician II 23 $57,294 – $71,552
Public Information Coordinator 24 $58,726 – $73,341
Building Inspector 27 $63,242 – $78,980
Accountant 26 $61,699 – $77,054
Assistant Planner 30 $68,104 – $85,053
Economic Development Coordinator 26 $61,699 – $77,054
Public Works Inspector 28 $64,823 – $80,955
Police Dispatcher II 27 $63,242 – $78,980
Public Safety Radio Technician 31 $69,807 – $87,179
Information Systems Analyst 36 $78,980 – $98,636
Community Risk Reduction Coordinator 32 $71,552 – $89,359 Crime Analyst 32 $71,552 – $89,359
Assistant Engineer 33 $73,341 – $91,593
Senior Accountant 35 $77,054 – $96,230
* See salary matrix attached
No employee will have their rate of pay decreased upon implementation of the new salary ranges.
Annual performance increases will remain on schedule for unit members who meet department expectations on their performance evaluation.
o
Management reserves the right to increase an employee’s salary by one (1) or two (2) steps based on their performance evaluation. Any increase beyond two (2) steps must be authorized by the City Manager, with in the adopted salary range.
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2. COST OF LIVING ADJUSTMENT (COLA)
Effective the first full pay period of July 2024, unit employees in all classifications shall receive a two percent (2.0%) salary adjustment.
Effective the first full pay period of July 2024:
Position Title Range Number Salary Range with 2%
COLA
Administrative Assistant 5 $37,470 – $46,794
Custodian 7 $39,366 – $49,163
Account Clerk 7 $39,366 – $49,163
Police Records Technician 10 $42,393 – $52,944
Maintenance Worker 10 $42,393 – $52,944
Code Enforcement Coordinator 10 $42,393 – $52,944
Business License Technician 12 $44,540 – $55,624
Building Maintenance Trade Worker I 13 $45,653 – $57,014 Court Liaison 12 $44,540 – $55,624
Parking Control Officer 12 $44,540 – $55,624
Risk Management Assistant 12 $44,540 – $55,624
Community Services Coordinator 13 $45,653 – $57,014
Finance Technician 16 $49,163 – $61,398
Building Maintenance Trade Worker II 16 $49,163 – $61,398 Property & Evidence Technician I 20 $54,267 – $67,772
Police Community Services Officer 16 $49,163 – $61,398
Permit Technician 18 $51,652 – $64,507
Police Trainee 24 $59,901 – $74,808
Information Systems Technician 18 $51,652 – $64,507
Finance Technician 22 $57,014 – $71,203
Senior Permit Technician 21 $55,624 – $69,467
Community Outreach Specialist 21 $55,624 – $69,467
Fire Inspector 21 $55,624 – $69,467
Engineering Technician 22 $57,014 – $71,203
Police Dispatcher I 22 $57,014 – $71,203
Lead Finance Technician 24 $59,901 – $74,808
Code Enforcement Officer 27 $64,507 – $80,560
Property & Evidence Technician II 23 $58,440 – $72,983
Public Information Coordinator 24 $59,901 – $74,808
Building Inspector 27 $64,507 – $80,560
Accountant 26 $62,933 – $78,595
Assistant Planner 30 $69,467 – $86,754
Economic Development Coordinator 26 $62,933 – $78,595
Public Works Inspector 28 $66,119 – $82,574
Police Dispatcher II 27 $64,507 – $80,560
Public Safety Radio Technician 31 $71,203 – $88,923
Information Systems Analyst 36 $80,560 – $100,608
Community Risk Reduction Coordinator 32 $72,983 – $91,146 Crime Analyst 32 $72,983 – $91,146
Assistant Engineer 33 $74,808 – $93,425
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Senior Accountant 35 $78,595 – $98,154
* See salary range scale attached.
SECTION B STAND-BY PAY
Stand-by pay for employees required to remain available for work shall be two (2) hours on weekdays and three (3) hours on weekends and holidays.
The unit positions eligible for Stand-By Pay are:
o
Building Maintenance Trade Worker I
o Building Maintenance Trade Worker II
o Information Systems Technician I
o Information Systems Technician II
o Maintenance Worker
o Property & Evidence Technician
o Telecommunications Technician
o Tree Trimmer
To qualify for Stand-By Pay for all positions listed above:
Employee shall not be under the influence of drugs or alcohol, as defined in administrative policy V-B-37 (Anti Substance Abuse Policy) while on stand-by. Employee shall be available by phone for the period of time they are receiving stand by pay.
Employee shall return calls from the city representative within fifteen (15) minutes of the call being placed.
Employee shall advise their supervisor if that are not available for stand by status on a certain day. As such stand by pay will not be given on that day.
Employee shall be back in the City to carry out their responsibilities within one (1) hour of being recalled.
Additional terms for Maintenance Worker:
Employee must immediately notify Supervisor when the assignment requires assistance from a licensed contractor.
Employee must immediately notify Supervisor if there are changes to the stand by period, malfunction of equipment or needed supplies for standby.
SECTION C ASSIGNMENT PAY
The City agrees to a seven percent (7%) Assignment Pay for a Building Maintenance Trade Worker II who possesses a valid State of California Electrician Certification.
SECTION D UNIFORM ALLOWANCE
1. The City agrees to provide a total uniform allowance to unit member hundred dollars ($500) per year for all members who are required to wear a uniform while on the job. This allowance is paid the second pay period in August.
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2. During the term of this contract the City will implement a program to provide all required uniforms to unit members as described below, at such time the City will cease to provid e the annual uniform allowance.
Employee Uniform Program
The City agrees that if any employee is required to wear any kind of uniform as a condition of his/her continued employment, such uniform (except boots) shall be furnished and maintained by the Employer free of charge. Each new employee will receive three uniforms upon hire. Employees are required to sign for the uniforms, and the uniforms are considered company property and are to be returned in the event of termination of employment or anytime on demand. Upon issue, company uniforms become the responsibility of the employee for maintenance and care. In the event a uniform needs repair or replacement, employees will be required to return the uniform in exchange for a replacement. While normal wear and tear is expected, excessive damage or loss of company uniforms may result in disciplinary action. The City may issue new uniforms periodically or require uniforms to be returned for special purposes (e.g., logo change, corporate color change).
Employees will be given notice of the exchange, and the company will provide suitable replacement uniforms.
SECTION
E SHIFT DIFFERENTIAL
Shift differential for Montebello Police Dispatchers working the graveyard shift is one hundred twenty-five dollars ($125)
per month.
SECTION F CERTIFICATE PAY
Full-time unit employees who possess and maintain additional certificates/licenses shall be eligible to receive twenty five dollars ($25.00) monthly per certificate, for up to a maximum of two (2) certificates/licenses or fifty dollars ($50.00) monthly. In no case, shall any affected unit member simultaneously receive compensation for more than two (2) certificates.
Employees will not be permitted to stack more than two (2) certificates/licenses.
The Unit Member shall receive the additional compensation following authorization by the respective Department Director/Chief and the Director of Human Resources and IT.
The additional certification and licensure incentives only apply to certifications and licenses that:
o
Are not mandated to meet the classification’s minimum job requirement criteria ; and
o Have an annual or bi-annual renewal process or examination.
An employee shall immediately notify their supervisor if they have lost their certification for any reason. Failure to maintain the appropriate certificate and provide annual proof of valid certificate/license will result in the loss of Certificate Pay.
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The certificate incentive pay will commence on the 1 st day of the next month after obtaining authorization and submitting proof of certificate(s)/license(s). The unit member’s department will submit a personnel action form to Human Resources for the incentive pay to be added to the member’s salary.
ARTICLE III -
RETIREMENT
SECTION A CALPERS RETIREMENT TIERS
The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are two (2) tiers of the retirement benefit plan depending on date of hire and/or status as “new member”, as defined by the Government Code, which define the employee contribution/cost sharing as follows:
1. Retirement Tier 1: Employees hired prior to January 1, 2013 or who are not “new members” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), Gov. Code § §
7533, et seq. These employees are also referred to as
“Classic CalPERS Members”.
a. CalPERS retirement formula is 2.7% @ 55
2. Retirement Tier 2: Employees Hired on or after January 1, 2013 and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as “new members” a. CalPERS retirement formula is 2.0% @ 62
SECTION B EMPLOYEE CALPERS CONTRIBUTION
1. Classic CalPERS Members (as defined by CalPERS):
Classic CalPERS Members pay the eight percent (8%) employee contributions toward their CalPERS pension.
2. CalPERS (PEPRA) Members (as defined by CalPERS):
New CalPERS (PEPRA) unit members, including each newly hired unit member, shall continue to pay their obligatory "half the actuarial normal cost" of their pension benefit (as determined and regularly adjusted by CalPERS). The current normal cost obligation for each PEPRA unit member is seven percent ( 7%), with potential mandated upward adjustments thereafter
as determined annually be CalPERS actuarial valuation reports.
The City is prohibited by PEPRA from paying any portion of the member contribution for PEPRA members.
ARTICLE IV – POST RETIREMENT BENEFIT PROVISIONS
SECTION A RETIREE HEALTH BENEFITS
Full-time unit members hired prior to July 28, 2019:
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The City agrees to continue to provide the Retiree Health Benefit, with qualifying prerequisites, terms and provisions as outlined in Resolution 04-08A, to all full-time members in the bargaining unit that are were and currently are employed by the City as of July 28, 2019 .
Eligible members of the bargaining unit must have completed a minimum of (15) years of service as a full-time employee to receive the Retiree Health Benefit. Years of City service in a part- time position do not count toward the prerequisite years of service or eligibility and will not be considered as qualifying. Upon implementation of the Retiree Health Benefit, the City ceased all contributions to the 401(a)( h) Plan for all members in the bargaining unit.
All part-time employees in the bargaining unit that are were currently employed by the City as of July 28, 2019 shall be eligible to receive the Retiree Health Benefit, with qualifying prerequisites, terms and provisions as outlined in Resolution 04-08A, in the event that they become full-
time employees in the future without a break in service. Those eligible part-time employees in the bargaining unit must have completed a minimum of fifteen (15) years of service as a full-time employee to receive the Retiree Health Benefit. Years of City service in a part-time position do not count toward the prerequisite years of service or eligibility and will not be considered as qualifying. All full-time employees in the bargaining unit hired after July 28, 2019 shall only receive the minimum health premium contribution as set forth in Government
Code section 22892.
ARTICLE V - LEAVE BANKS
S
ECTION A ANNUAL LEAVE DISCONTINUATION
Effective one full pay-period after the adoption of this MOU annual leave banks will be frozen and accruals will cease. All full- time MCE
A members will begin accruing
vacation/holiday/sick leave banks in lieu of annual leave as outlined in this MOU.
Employees shall have the option of converting accrued Annual Leave to cash on an hour for hour basis subject to the following: To cash out Annual Leave hours, an employee must make an irrevocable election on or before December 31 st of each calendar year, in order to receive cash
for Annual Leave hours in the following calendar year. The accrued Annual Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.
Frozen Annual Leave:
During the initial Annual leave cash out an employee must make an irrevocable election on or before December 31st to be paid out during the first full pay period in January 2023. The optional election to cash out up to one hundred twenty (120) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.
Effective December 2023, and thereafter, in no event shall the total Annual Leave hours cashed out exceed eighty (80) hours per year. The annual optional election to cash out up to eighty (80) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.
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Annual Leave can be used upon approval by the Director/Chief based on the needs of the department.
Upon separation from the City, remaining annual leave hours will be paid out to the employee at the member’s current base rate of pay.
SECTION B VACATION LEAVE ACCRUAL
YEARS EMPLOYED
(MONTHS)
ACCRUAL PER PAY
PERIOD
ANNUAL ACCRUAL
ACCRUAL CAP
0 – 2 yrs (0 – 24 months)
3.07 hours 80 hours 160 hours
2 – 9 yrs (25 – 108 months)
4.62 hours 120 hours 240 hours
10 yrs (109 – 120 months)
4.92 hours 128 hours 256 hours
11 yrs (121 – 132 months)
5.23 hours 136 hours 272 hours
12 yrs (133 – 144 months)
5.54 hours 144 hours 288 hours
13 yrs (145 – 156 months)
5.846 hours 152 hours 304 hours
14 yrs (157 months & thereafter) 6.15 hours 160 hours 320 hours
Employees shall have the option of converting accrued Vacation Leave to cash on an hour for hour basis subject to the following: To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31 st of each calendar year, in order to receive cash for Vacation Leave hours in the following calendar year. The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January. Vacation Leave shall be paid out at the member’s current base rate of pay.
All members with a minimum of eighty (80) hours of Vacation leave may elect to cash out up to forty (40) hours annually. The annual optional election to either cash out or to convert up to forty (40) hours of Vacation Leave to the City’s Deferred Compensation 457 plan shall be paid out at the member’s current base rate
Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service. An employee shall not be eligible to take annual vacation leave during the same year it is earned (CSR&R Rule XII, Section 214,i)
o City agrees to amend this Rule when CSR&Rs are updated. Accrued vacation leave will be paid out at separation at the employee’s current base rate of pay. Vacation hours will be considered hours worked when computing overtime.
SECTION C SICK LEAVE
ACCRUAL
ACCRUAL PER PAY PERIOD ANNUAL ACCRUAL ACCRUAL CAP
THE CITY OF MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
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3.692 96 1040
Sick leave may be utilized for:
Personal illness or injury of the employee;
Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that reside in the unit employee’s residence (in accordance with Labor Code §§ 233); Where an employee which is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230 © and 230.1(a); Cases of quarantine;
Where exposure to contagious diseases would endanger the health of other employees.
Sick leave may be taken in increments of one-half (1/2) hour or more.
Sick leave may not be used for disapproved vacation leave.
For absences of over two (2) days, a medical certificate from a qualified physician may be required.
In order to receive compensation while absent on sick leave, except in an emergency or due to extenuating circumstances, the employee shall notify their immediate supervisor, at least one (1) hour prior to employee’s scheduled shift/start time. In an emergency, the employee shall report to their supervisor as soon as the situation reasonably allows.
** Sick hours will not be considered hours worked when computing overtime. ** After sick leave has been exhausted, employee may use earned vacation
SICK LEAVE CASH OUT OPTIONS AT SEPARATION
OPTON 1:
Payout at separation based on years of service at current base pay, up to 720 hours:
YEARS OF CONTINUOUS YEARS OF
MONTEBELLO SERVICE
PAY OUT AT SEPARATION UP TO 720
HOURS BASED ON YEARS OF
MONTEBELLO SERVICE
Less than five 0%
At least five but less than ten 25%
At least ten but less than fifteen 50%
At least fifteen but less than twenty 75%
Twenty or more 100%
OPTION 2 (AT RETIREMENT ONLY):
Sick Leave Conversion to Service Credit:
In accordance with Government Code Section 20965, the City will continue the process to evaluate the cost to amending its retirement contract with CalPERS to include the Sick Leave Conversion Benefit.
Upon amendment, employees would have the option to convert unused sick leave hours to CalPERS service credit upon retirement from the City of Montebello.
SECTION D HOLIDAY BANK
THE CITY OF MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
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Holiday Hour Bank Accrual/Cash Out
12 Holidays x# of regular
shift hours
Automatic cash out the second
(2nd) pay period in January of
each calendar year
Holidays
1. NEW YEAR’S DAY - January 1st
2. MARTIN LUTHER KING, Jr. DAY- Third Monday in January
3. PRESIDENT’S DAY- Third Monday in February
4. MEMORIAL DAY- Last Monday in May
5. JUNETEENTH - June 19th
6. INDEPENDENCE DAY- July 4th
7. LABOR DAY- First Monday in September
8. COLUMBUS DAY/INDEGINOUS PEOPLE’S DAY- Second Monday in October
9. VETERAN’S DAY- November 11th
10. THANKSGIVING DAY- Fourth Thursday in November
11. DAY AFTER THANKSGIVING - Fourth Friday in November
12. CHRISTMAS DAY - December 25th
Annual Holiday Bank
In the pay period containing January 1st of each year, a holiday bank shall be established for each unit employee at the rate of twelve (12) full-day holidays which occurs during the calendar year. The bank of hours will correlate to the employees current shift schedule.
Shift schedule Holiday Hours Annually
4/10 schedule 120 hours
3/12 & 8 schedule 144 hours
9/80 schedule 108 hours
5/40 schedule 96 hours
Employees entering the unit during the calendar year shall have a pro-rated holiday bank established that contains all designated holidays remaining in the calendar year following their effective date of hire or entry into the unit.
Employee’s whose regular schedule work-day occurs on an observed holiday may use their holiday hours at the discretion of the managing department, subject to department rules and guidelines.
Cash Out of Remaining Holiday Hours
During the second (2nd) pay period in January of each calendar year, each unit employee shall receive a cash payment, for all remaining time in their holiday bank from the previous calendar year, at the current base pay.
There shall be no carryover of any unused holiday hours from one calendar year to another.
Observation of Holidays
Designated holidays falling on a Monday through Thursday shall be observed by the City on the actual date of the designated holiday.
THE CITY OF MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
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Designated holidays falling on a Friday, Saturday or Sunday those hours will be banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January, if unused.
Employees Separating from the City
Employees who leave City employment shall be paid a pro-rata amount of unused holiday time.
The separating employee shall be paid all unused holiday hours equivalent to the number of recognized City holidays that occur between January 1st and the date of the employee’s separation, at the current base rate of pay.
** Holiday hours will not be considered hours worked when computing overtime.
** In order to receive holiday pay an employee shall work or have approved leave time off on their last scheduled shift immediately preceding the holiday, and their first scheduled shift immediately after the holiday.
SECTION E COMPENSATORY TIME OFF (CTO) BANK
The maximum number of compensatory time off (CTO) hours that may be accumulated by MCEA members is one hundred twenty (120) hours.
AR
TICLE VI - MISCELLANEOUS PROVISIONS
SECTION A PROTECTIVE EQUIPMENT
Property & Evidence Technicians in the Police Department shall be provided body armor at their request subject to their compliance with the Department's written policy on use of body armor.
SECTION B PERSONAL LEAVE
MCEA members who worked twenty ( 20) hours or more on or before July 1, 2012 and subsequently had their hours reduced to below twenty ( 20) hours will be eligible to accrue personal leave time at the rate of nine (9) hours per month, irrespective of eligibility for enrollment in the City's health insurance package.. Personal leave may be used for vacation, sick or other personal reasons. Personal leave time may be accumulated up to a maximum of eighty (80)
hours.
SECTION C EMPLOYEE STATUS
Full-time employees are defined as employees who are regularly scheduled and expected to work eighty (80) hours or more in a bi-weekly pay period. Part-time employees are defined as employees who are regularly scheduled and expected to work less than eighty (80 ) hours in a
bi-weekly pay period. All references to limited hourly and regular hourly, for purposes of MCEA employees, shall be replaced with part-time.
SECTION D UNIT
WORK SCHEDULES
THE CITY OF MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
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1. The City has exercised its discretion and determined that as soon as is practicable, on or after July 1, 2010, City Hall and City Hall-related satellite office(s) shall be closed each Friday. Concurrent with such closure(s) the work schedule of unit members shall be modified to a 4/10 schedule. However, neither the closure(s) or the 4/10 work schedule shall be applicable to unit members assigned to public safety operations (for example, only dispatchers) or to other personnel assigned to other City functions which operate in addition to and/or other than a Monday through
Friday schedule.
The City Council is vested with the rights to exercise its discretion by reinstating the work schedule and City Hall hours of operation which existed immediately prior to implementation of the changes.
2. Members of this unit may be assigned to the following work schedules dependent on organizational need.
4/10 Work Schedule
9/80 Work Schedule
5/40 Work Schedule
3/12 & 8 Work Schedule
3. Work Schedule Changes: Work schedule changes shall require a minimum of fourteen (14) calendar days’ notice, except in the case of an emergency as determined by management.
SECTION E DISCIPLINARY APPEAL PROCEDURE
Members of the MCEA bargaining unit who elect to appeal major discipline, not to include minor discipline, verbal or written reprimands, will be entitled to a full evidentiary hearing before the City Manager, his/her designee or an impartial third party. If an impartial third party is chosen, the hearing officer shall be mutually agreed upon from a list provided by the State Mediation Service. The cost of the hearing shall be borne by the "non-prevailing" party. If there is no clear "non-prevailing" party, the cost of the hearing shall be shared. The finding of the City Manager, his/her designee, or the impartial third party shall be binding.
The City agrees to optional, non-binding mediation for disciplinary appeals.
Minor disciplinary appeals may be addressed through the City's existing grievance policy, Administrative Policy V-B-40, which pertains to full-time unclassified employees.
SECTION F JOINT LABOR-MANAGEMENT COMMITTEE
The City agrees to establish a joint Labor-Management Committee to meet quarterly to discuss issues brought by the Montebello City Employees Association or the Human Resources and IT Department.
SECTION G
MANAGEMENT RIGHTS
THE CITY OF MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
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Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City including the establishing of rules, directives and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agreement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with employment law; to make and enforce.
SECTION H AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall encompass but not limited: to adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Montebello, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.
ARTICLE VII - EFFECTIVE DATE AND TERM OF AGREEMENT
This MOU shall be of no force and effect unless or until adopted by City Council. If adopted, the term of this MOU shall be for three and one-half (3 ½) years. From 1/1/2022 to 6/30/2025.
Jacqueline Leon Date
Montebello City Employees’ Association President
René Bobadilla Date
City Manager
EXHIBIT A
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The Montebello City Employees’ Association
REPRESENTED CLASSIFICATIONS
ACCOUNT CLERK
ACCOUNTANT
ADMINISTRATIVE ANALYST (HOURLY - OVER 1000 HOURS)
ADMINISTRATIVE ASSISTANT
ASSISTANT ENGINEER
ASSISTANT PLANNER
BUILDING INSPECTOR
BUILDING MAINT TRADEWORKER I
BUILDING MAINT TRADEWORKER II
BUILDING PLAN CHECKER
BUSINESS LICENSE TECHNICIAN
CLERICAL ASSISTANT (HOURLY - OVER 1000 HOURS)
CODE ENFORCEMENT COORDINATOR
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT TECHNICIAN (HOURLY - OVER 1000 HOURS)
COMMUNITY OUTREACH SPECIALIST
COMMUNITY RISK REDUCTION COORDINATOR
COMMUNITY SERVICES COORDINATOR
COURT LIAISON
CRIME ANALYST
CUSTODIAN
ECONIMIC DEVELOPMENT COORDINATOR
ENGINEERING TECHNICIAN
FIELD MAINTENANCE WORKER (HOURLY - OVER 1000 HOURS)
FINANCE TECHNICIAN (non-confidential)
FIRE INSPECTOR
GOLF CART MECHANIC
GOLF COURSE EQUIPMENT MECHANIC
INFORMATION SYSTEMS ANALYST
INFORMATIONS SYSTEMS TECHNICIAN
LEAD FINANCE TECHNICIAN
MAINTENANCE WORKER
MAINTENANCE WORKER (HOURLY - OVER 1000 HOURS)
PARKING CONTROL OFFICER
PERMIT TECHNICIAN
POLICE COMMUNITY SERVICE OFFICER
POLICE DISPATCHER I
POLICE DISPATCHER II
EXHIBIT A
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POLICE RECORDS TECHNICIAN
POLICE TRAINEE
POOL MANAGER (HOURLY - OVER 1000 HOURS)
PROPERTY & EVIDENCE TECHNICIAN I
PROPERTY & EVIDENCE TECHNICIAN II
PUBLIC INFORMATION COORDINATOR
PUBLIC SAFETY RADIO TECHNICIAN
PUBLIC WORKS INSPECTOR
RECREATION LEADER I (HOURLY - OVER 1000 HOURS)
RECREATION LEADER II (HOURLY - OVER 1000 HOURS)
RECREATION LEADER III (HOURLY - OVER 1000 HOURS)
RECREATION LEADER IV (HOURLY - OVER 1000 HOURS)
RISK MANAGEMENT ASSISTANT
SECRETARY
SENIOR ACCOUNTANT
SENIOR FINANCE TECHNICIAN
SENIOR PERMIT TECHNICIAN
TREE TRIMMER
APPENDIX A
City of Montebello, California
Policy & Procedures Manual
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2.060.590 Bilingual Pay
Purpose
The purpose of this policy is to provide compensation guidelines for City employees that provide bilingual services to the residents and customers of the City of Montebello. This policy applies to only full-time employees.
Policy
It is the policy of the City to identify employees in positions designated as bilingual by the Director of Human Resources, that require, as a condition of employment, the performance of verbal and written bilingual skills, shall be entitled to Bilingual pay.
A. The City has identified and approved through demographical data the need for providing bilingual services in the following languages: Spanish, Russian, Chinese, Armenian, Korean, or Sign Language.
B. The Human Resources Department has identified and approved positions and level of required fluency in the second language that meet the operational needs of the City and its citizens.
C. The Human Resources Department shall contract with a third-party vendor to provide a testing system for compensating employees based on City needs.
Procedure
A. Employees must submit in writing a request to test for Bilingual Pay.
B. Employee must pass a bilingual proficiency test, in addition to any other job-related test requirement for a position.
C. Testing:
1. Bilingual proficiency will be determined by standardized competency tests contracted through a third-party vendor by Human Resources.
2. The Human Resources Department will communicate with the Department when an employee has passed the competency test, the employee’s
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Department will submit a personnel action form for the incentive pay to begin on the 1st of the next month.
D. Compensation: Compensation shall be based on Bargaining Unit agreements:
Prior to May 2022:
Bargaining Unit Monthly Incentive
Montebello Firefighters’ Association $100
Montebello Fire Management Association $100
Montebello Police Officers’ Association $100
Montebello Police Management Association $100
Montebello Supervisors’ Association $80
Montebello Mid-Management Association $70
Montebello City Employees’ Association $80
Montebello Management Professionals’
Association
$80
Un-represented full-time $80
Effective July 1, 2022:
The Bilingual incentive will be based on the following criteria, and compensation for successfully passing an assessment for each (one language only):
o Speaking - $50.00 per month
o Writing - $50.00 per month
o Reading - $50.00 per month
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A. Staff currently receiving the bilingual incentive do not have to test again, unless they want to upgrade to the new three-pronged criteria and earn the increased compensation as outlined above.
B. Bilingual incentive will be calculated into overtime compensation when applicable.
C. Bilingual incentive pay will be reported as Special Compensation to CalPERS as applicable.
D. Administration: The Human Resources Department is responsible for administering the Bilingual Pay Policy. The Human Resources Department responsibilities shall also include a periodic review and report on the number and location of positions designated as bilingual.
(Revised: 04/27/2022)
APPENDIX B
City of Montebello, California
Policy & Procedures Manual
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2.060.565 Bereavement Leave
Purpose
The purpose of this policy is to provide guidelines for the use of leave associated with bereavement of an immediate family member.
Policy
It is the policy of the City to provide “Bereavement Leave” to full-time city employees to attend to the details of, and to grieve the death of an immediate family member.
A. “Immediate family member” shall mean the employee’s parent, sibling, mother-in- law
, father -in-law, spouse or registered domestic partner, child, grandparent , grandchild (including “Step” family members).
B. Full-time City employees shall be eligible to utilize up to 3 workdays /1-full fire safety personnel shift of bereavement leave annually, that will not be charged against their accrued annual or sick leave.
C. In the event more than one request for use of bereavement leave per annum is requested by a full-time employee, their request to utilize up to 3 workdays /1-full fire safety personnel shift may be approved.
1. In this event, the affected employee shall utilize either annual or sick leave they have accrued.
2. If the affected employee does not have sufficient accrued hours banked, they may be granted the leave without pay.
D. Part-time employees may be granted bereavement leave without pay following the same criteria as that of full-time employees.
Procedure
A. It shall be the responsibility of the affected employee to immediately notify their immediate supervisor of the need to utilize bereavement leave.
1. The immediate supervisor shall complete the necessary documentation to facilitate the use of bereavement leave.
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2. The immediate supervisor shall ensure the appropriate authorities are notified of the leave notification.
B. Upon return of the affected employee, any additional documentation and signatures shall be obtained.
C. In the event additional hours are requested, the affected employee shall make the request in writing providing the reasons for such need.
1. Upon receiving the request for additional hours, the immediate supervisor shall forward the request to the appointing authority with their recommendation.
2. Use of accrued annual or sick hours shall be utilized for any additional hours requested above the allotted bereavement leave.
Montebello Fire Management Association 48 hours/1 shift (Fire Battalion Chief & Deputy Fire Chief)
30 hours (Fire Marshal)
Montebello Firefighters’ Association 48 hours/1 shift
Montebello Police Management
Association
30 hours
Montebello Mid-Management Association 30 hours
Montebello Supervisors Association 30 hours
Montebello Police Officers’ Association 30 hours
Montebello City Employees’ Association 30 hours
Non Represented Full Time 30 hours
(Revised: 04/27/22)
APPENDIX C
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Policy & Procedures Manual
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2.060.227 Longevity Pay
Purpose
The purpose for longevity pay is to recognize long-term service employees that work for the City of Montebello.
Policy
The City will pay the agreed upon amount for longevity pay as adopted by City Council.
Procedure
Each department will keep track of their employees’ dates of service and eligibility for longevity pay. The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and each increase to the longevity pay tier based on the employees’ collective bargaining agreement.
MONTEBELLO POLICE MANAGEMENT ASSOCIATION
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full- time City of Montebello employees who are in either the MPMA unit or the MPOA unit as of July 1, 2019, all continuous service as an active, full-time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior laterals continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPMA unit members who join the MPMA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full- time sworn
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police, police supervisory, or police management unit member shall count toward years of longevity.
B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 11 th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 7% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member' s Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20 th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).
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E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A , beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the MPMA unit member's remaining years of full- time City MPMA unit service, an MPMA unit member shall receive 13% of his/ her Base Salary as Longevity Pay (which shall be reported to Ca1PERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first (1st) full pay period after MOU adoption, for full-time City of Montebello employees who are in the MFMA unit, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, fire captain, or fire battalion chief shall count toward years of longevity.
Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:
A. A (4%) base salary increase at the completion of five (5) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 10th year.
B. The (4%) base salary increase shall be increased to a (7%) base salary increase at the completion of ten (10) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 15th year.
C. The (7%) base salary increase shall be increased to a (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full- time City of
APPENDIX C
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Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.
D. The (10%) base salary increase shall be increased to a (13%) base salary increase at the completion of twenty (20) years aggregate active service as a full-time City of Montebello sworn personnel unit member which the unit member shall continue to receive for the unit member's remaining years of full- time City sworn personnel unit member service.
MONTEBELLO MID-MANAGEMENT ASSOCIATION
A. Beginning the first pay period after June 26, 2019, each MMMA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
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D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO SUPERVISORS’ ASSOCIATION
A. Beginning the first pay period after May 15, 2019, each MSA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
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E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
A. Beginning the first pay period after April 22, 2019, each MCEA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 24th year
.
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E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
MONTEBELLO FIREFIGHTERS’ ASSOCIATION
A. For longevity purposes only, the following shall count as LATERAL SWORN FIRE SERVCE:
For full-time City of Montebello employees who are in the MFA unit as of October 1, 2019, all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, or fire captain shall count toward years of longevity.
Each unit member with ten (10) years aggregate service as a full-time sworn Fire Service unit member shall be eligible for longevity pay. Thereafter, each unit member who attains ten (10) years aggregate service as a full-time firefighter shall be eligible for longevity pay.
Longevity pay shall consist of:
B. Beginning with the first pay period after completion of ten (10) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 15th year of full-time City firefighter unit member service, the unit member shall receive 3% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
C. Beginning with the first pay period after completion of fifteen (15) years aggregate active s
ervice as a full-time City firefighter unit member and continuing through the completion of the unit member’s 20th year of full-time City firefighter unit member service, the unit member shall receive 4½% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
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D. Beginning with the first pay period after completion of twenty (20) years aggregate active service as a full-time City firefighter unit member and continuing through the completion of the unit member’s 25th year of full-time City firefighter unit member service, the unit member shall receive 6% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
E. Beginning with the first pay period after completion of twenty-five (25) years aggregate active service as a full-time City firefighter unit member and continuing for the unit member’s remaining years of full-time City firefighter unit member service, the unit member shall receive 7.5% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
Current longevity rates, and definitions of qualifying law enforcement service for purpose of longevity, shall be modified as follows, effective July 1, 2019:
A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:
a. For full- time City of Montebello employees who are in the MPOA unit as of July 1, 2019, all continuous service as an active, full- time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior lateral continuous service as an active, full-time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.
b. For MPOA unit members who join the MPOA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department
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member, only verifiable prior lateral continuous service as a full- time sworn police, police supervisory, or police management unit member shall count toward years of longevity.
B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A. beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 11th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to Cal
PERS as special pay) in addition to the unit member's
Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member’s 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 7% of his/ her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member' s
Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).
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E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the unit member's remaining years of full-time City MPOA unit service, an MPOA unit member shall receive 13% of his/her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).
FULL-TIME NON-REPRESENTED EMPLOYEES
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
A. Effective April 28, 2019, each non-represented full-time employee with ten (10) years of aggregate full-time City service shall be eligible for longevity pay.
Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:
After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase
B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.
C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.
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D. A three and a half (3.5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.
E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full- time City service and the unit member shall continue to receive thereafter.
(Revised: 04/27/2022
)
APPENDIX D
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2.060.517 Education Reimbursement Program
Purpose:
To define who and under what circumstances City employees may receive education reimbursement and to outline the procedure by which reimbursement may be obtained.
Policy:
A. Applications for education reimbursement must be from full-time, non-temporary, employees of the City. (Probationary employees will be considered eligible.) B. Course(s) selected must be of such a nature that it benefits the City and better enables the employee to carry out present duties and will prepare the employee for increased responsibilities and/or promotion. (An employee seeking a college degree will be eligible for reimbursement for those courses that qualify them for such degree.
However, the declared major must have reasonable relevance to the job.) C. Courses other than those qualifying for reimbursement under paragraph B may be approved for reimbursement under this policy with the prior approval of the Director of Human Resources and the City Administrator upon submission of justification by the Appointing Authority. However, costs associated with non-classroom thesis production courses are not subject to reimbursement.
D. Employees desiring reimbursement must attend such courses on their own time after work hours and must complete the course with a passing grade of at least "C" or equivalent.
E. Reimbursement will be made for tuition at rates specified in H below, books, fire certification, lab fees, and all other fees required to take a class or classes. Student body fees will be included; however, parking fees are excluded from reimbursement.
F. Should an employee separate from the City's service within one year after beginning any course reimbursed by the City, the cost of such course will be deducted from the employee's last paycheck. The Director of Human Resources shall be responsible for informing the Finance Department of any such amounts to be deducted.
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G. Approval will be limited to courses taken at accredited universities, state colleges and community colleges, approved correspondence courses, high school and adult education, technical and vocational schools.
H. Employees may attend any accredited or other institution approved by the City Manager or designee. However, education reimbursement rates are based on current California State University rates. A cap of $1,500 per fiscal year will be granted to each eligible employee, with the exception of members of the Montebello Police Officers’ Association who’s members have an annual maximum of $2,000.
I. Employees scheduled by the City to take specialized courses or special seminars on work time will not be subject to the requirements of this policy.
Procedure:
A. In order for an employee to be eligible to receive reimbursement for tuition, fees and books, or fire certification by the State Fire Marshal, he/she must acquire prior approval of the course(s) from the Department Head, the Director of Human Resources and City Manager by submitting the Course Approval Form. This form shall be returned to the Department Head upon approval by the Director of Human Resources and the City Manager.
B. Upon receiving verification of enrollment and grade or certification, with receipts for tuition and books or for fire certification, the Department Head will submit the Educational Reimbursement Application to the Director of Human Resources with the approved Course Approval Form and a Request to Issue a Warrant made out to the employee receiving the reimbursement. Documentation must be submitted within two months of class completion.
C. Upon timely receipt of these materials, the Director of Human Resources shall have the responsibility for processing the claim for reimbursement.
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(Prior Policy #V-B-25, 07/01/73; AUTHORITY: C/ADMIN)
(Revised: 07/28/21)
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2.060.504 Employee Compensation and Benefits
Purpose
Is to provide a description of the City’s employee compensation and benefits packages.
Policy
It is the policy of the City to recognize the significant role that its workforce plays in fulfilling its public service mission. The City recognizes that maintaining a competitive compensation system is critical to its goal of delivering public services to its citizens.
Therefore, the City strives to provide compensation for its employees to attract qualified applicants, retain employees who are equally committed to public service, and motivate employees to maintain the highest standards of performance.
A. With this goal in mind, the City shall compensate employees in accordance with decisions made by Council as budgets are set. Pay for positions are subject to the annual budgetary process and current employee organization MOU’s; and as such, may be subject to increase, reduction, or status quo maintenance for fixed time periods.
B. TOTAL COMPENSATION PHILOSOPHY: The City is committed to providing a range of public services to its citizens by fostering an environment that embraces respect for the worth of each employee and to pursue the same towards its total compensation package that includes salary and benefits. The City’s philosophy is consistent across units with practices that may differ to meet the unique needs of division, department, employee classifications and performance. The City’s total compensation package is guided by the following principles:
1. The City’s total compensation package shall be reviewed against appropriately defined labor markets.
2. The City’s total compensation package shall comply with all applicable state and federal laws.
3. Salaries are managed through a simple, clear program that is consistent with the City’s strategic and organizational objectives.
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C. The Council reserves the right to make budget adjustments, and consequently direct pay adjustments during the budget year in order to manage their fiscal responsibilities or deal with unforeseen circumstances that justify or require changes to City expenditures.
Procedure
A. Compensation (Salary) Schedules: All employee classifications shall receive a salary that is approved by City Council resolution each fiscal year.
B. Benefits: In coordination with employee organizations MOU’s, funding abilities, state and federal laws, and the City’s total compensation philosophy, the following benefits are afforded to the full-time employees of the City of Montebello:
C. HEALTH INSURANCE THROUGH PEMHCA
a. The City and the Association agree to contract for health benefits coverage through the Public Employees’ Retirement System under the Public Employees’ Medical Health Care Act (PEMHCA) Section 22751 et seq. of the Government Code.
D. HEALTH INSURANCE CITY CONTRIBUTION
a. Effective March 27, 2008, the City will contribute the following amounts toward full-time employees’ medical, dental & vision insurance:
COVERAGE TOTAL CITY
CONTRIBUTION)
1 Party Full coverage
2 Party $840.00
3 Party $1,090.00
b. Part-time employees who have become eligible for CalPERS membership and have worked 1000 hours in a fiscal year:
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i. The contribution toward hourly EE's insurance who were eligible before 7/1/92 will be at the rate needed to fully pay 1 party coverage in the plan selected by the EE. For hourly EE who became eligible for insurance on or after 7/1/92 the City contribution toward the insurance package will be at the rate needed to pay 50% of one party coverage in the plan selected by the employee. [Res. 97-109] E. Medical Insurance Opt-out Incentive
a. An opt-out incentive is afforded to full-time and those hourly employees, who have benefits and were hired prior to 8/11/92, who decline the City's medical, dental and vision insurance package.
b. Proof of medical coverage elsewhere will be required annually to continue participation in the cash incentive program.
c. The monthly Medical Insurance Opt-Out incentive is $350.00 d. The monthly Medical Insurance Opt-Out incentive shall be computed when calculating overtime as applicable.
e. The monthly Medical Insurance Opt-Out incentive shall be reported as Special Compensation to CalPERS as applicable.
f. Employees who have an alternative source of health insurance must provide minimum essential health coverage pursuant to the U. S. Patient Protection and Affordable Care Act (ACA), and cover both the employee and all individuals in the employee' s expected tax family, if any. During open enrollment or as otherwise required by the City, the employee must each year provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alternate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage.
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(Revised: 03/21/95; 07/28/21)
APPENDIX F
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2.060.516 Jury Duty Compensation
Purpose
To establish a policy and define the procedure to be utilized concerning jury duty.
Policy
A. An employee of the City, who is in receipt of a juror summons and is required to serve, shall be paid up to 10 days of regular salary and benefits during each fiscal year while engaged in such activity on his or her regularly scheduled work days.
B. Compensation shall extend beyond the 10 days of salary and benefits only if the employee presents to the City a certified court document showing that a trial counsel and/or an official of the court estimated that the trial for which the employee was selected as a juror had been estimated to be concluded within the number of days remaining on the employee-juror’s service period, not exceeding a maximum of 10 days. Under such circumstances, the employee shall receive his/her regular salary, minus any payments or fees received as a juror. The employee must remit any court or jury duty payments, excluding mileage reimbursement, to the City of Montebello.
Procedure
A. Upon receipt of a jury summons, the employee is to notify his/her immediate supervisor, providing a copy of the summons, and follow all court-required procedures.
B. At the first available opportunity after reporting to the court for service, the employee should notify the jury supervisor or appropriate court official that he or she is limited to 10 days of paid service.
C. Many courts utilize a system requiring jurors to call in daily to receive assignment. The employee must notify his or her supervisor of the “call in”
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status. Unless ordered to report to court for service, the employee must report to work, if it is a regular workday. If ordered to report to court for active service, the employee must immediately notify his or her supervisor of the court assignment.
D. Upon being released from jury service, the employee must present proof of service from the court to his or her immediate supervisor on the next working day following the conclusion of service.
E. Any jury duty payment received from the court, minus mileage payment, which may be retained by the employee, shall be forwarded to the Payroll Division of the Finance Department upon return to work.
(Prior Policy #V-B-16, 07/09/82; AUTHORITY: C/ADMIN)
(Revised: 07/09/82, 09/90, 09/96, 12/13/96; 12/05; 07/28/21)
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2.060.528 Education Incentive Pay
Purpose
The Education Incentive Pay program rewards employees who take the initiative to increase their job worth by gaining job-related knowledge, behaviors, and personal and professional skills to significantly enhance their value to their department and the City.
Policy
The City will pay the agreed upon amount for education as agreed upon by City Council resolution.
Procedure
The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and the monthly amount based on the employees’ collective bargaining agreement.
MONTEBELLO POLICE MANAGEMENT ASSOCIATION
The City agrees to provide education incentive pay as follows:
Degree or Certificate Compensation
A.A. or Intermediate POST $250/month
B.A./B.S. or Advanced POST $400/month
The above education incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates. Instead, the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.
The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory or management POST certificate as follows:
Supervisory Certificate $150/month
Management Certificate $150/month
This supplemental educational incentive pay for possessing a supervisory and/or management POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or POST certificates as set forth above.
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MONTEBELLO FIRE MANAGEMENT ASSOCIATION
Effective the first pay period after MFMA ratification and City Council adoption of this MOU, the City agrees to provide an education incentive to unit members as follows and such incentives shall supersede and replace previous education incentives provided to unit members:
A. $ 250/ month for Firefighter 1 Certificate or AA/AS or 60 units B. $ 400/ month for Firefighter II Certificate or BA/ BS or 120 units C. $ 600/ month for Company Officer Certificate
The aforementioned education incentives shall not be stackable or cumulative. The unit MFMA member is entitled to a maximum of one education incentive at a time.
MONTEBELLO POLICE OFFICERS’ ASSOCIATION
The City agrees to increase education incentive pay as follows:
DEGREE OR CERTIFICATE INCREASE FROM INCREASE TO
A.A. or Intermediate POST $150/month $250/month B.A./B.S. or Advanced POST $300/month $400/month
Supervisory $150/month
The above educational incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificate. Instead, the total the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.
The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory POST certificate in the amount of $150/month.
This supplemental educational incentive pay for possessing a supervisory POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or certificates as set forth above.
MONTEBELLO CITY EMPLOYEES’ ASSOCIATION
MONTEBELLO MID-MANAGEMENT ASSOCIATION
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION
UNREPRESENTED FULL-TIME EMPLOYEES
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Full-time employees in the MCEA, MMMA, MSA, MMPA AND Unrepresented Full-time employees will receive an education incentive based on the highest completed degree.
Degree incentive is not stackable.
Bachelor’s Degree $200.00 per month
Master’s or Doctoral Degree $400.00 per month
Education Incentive pay will commence on the 1st day of the next month after submitting proof of Education to their department. The unit member’s department will submit a personnel action form to Human Resources for the education incentive pay to be added to the member’s salary.
(Revised: 04/27/2022)
ATTACHMENT G
RESOLUTION NO. 22-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPROVING A COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING AND THE TERMS AND CONDITIONS OF
EMPLOYMENT AFFECTING THE DESIGNATED MONTEBELLO
MANAGEMENT PROFESSIONALS’ ASSOCIATION (MMP A)
EMPLOYEES F OR THE PERIOD OF JANUARY 1, 2022 THROUGH
JUNE 30, 2025
RECITALS
WHEREAS, the City of Montebello values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees, and
WHEREAS, representatives of the City and representatives of the bargaining unit named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and the M MPA have developed the Comprehensive Memorandum of Understanding (MOU) attached here (ATTACHMENT H).
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1 : The MOU between the City of Montebello and the MM PA dated January 1, 2022 through June 30, 2025 and attached is hereby approved.
SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 27th day of April 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
RESOLUTION NO. 22-25